IP Due Diligence
In a changing global economic environment, many companies and organisations go through processes of investment, sale and purchase, merger or division. A key aspect for determining the value of these transactions lies in industrial and intellectual property rights (patents, trademarks, designs, copyrights and trade secrets) as they shape the corporate assets that encapsulate the entire holder’s innovative and differentiating efforts.
The IP Due Diligence or the auditing of intellectual property assets is a legal analysis of the industrial and intellectual property assets of those holders involved in these processes. An IP Due Diligence offers a faithful and complete portrait of an organisation’s intangible assets by way of the analysis of all aspects which may affect the identification, level of protection, legal status, responsibilities, obligations and risks related to the aforementioned assets in conjunction with the issuance of our report on the most relevant aspects for the operation.
From the acquirer’s perspective, this analysis enables an assessment on whether those assets have their presumed strength or if, on the contrary, they conceal omissions or associated risks that were not exposed in the initial stages of negotiation.
PONTI & PARTNER‘s technical and legal expertise enables us to advise and assist our clients throughout the entire auditing process, including the preparation of the confidentiality agreement between the parties involved, the formalisation of the list of required information (IP Checklist) and the inspection of all documentation associated with the process (Data Room Inspection).
An adequate IP Due Diligence protocol minimises the legal risks which may arise from these business transactions and, at the same time, it provides valuable information so that the client can test its negotiating position and, if necessary, review it in good time.
What are looking for?
Patents
Innovation in the industrial and technical field is susceptible to protection by means of the registration modalities available to us: patents, utility models or industrial designs.
Designs
The industrial design refers to the ornamental or aesthetic aspect of a product.
Trademarks
The brand is one of the most important assets behind any industrial or commercial activity.
Legal IP
The different types of industrial property protection constitute a complex legal framework that regulates the rights and obligations of their holders.
New technologies
Digital transformation is profoundly changing the rules of innovation. Phenomena such as Industry 4.0 and Big Data are establishing a new paradigm.
Data protection
Regulatory compliance with data protection and privacy policies is one of the most relevant dimensions of today’s economy.
Domains
They make it possible to associate the content of a website hosted on an IP (Internet Protocol) address with a brand or trade name in an easy and intuitive way.
Consultancy
We have a highly qualified team that accompanies the client at all times to ensure optimal and efficient protection of their interests.