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Hence, more and more mergers and acquisitions involve intellectual property which gives rise to the demand for Intellectual Property (IP) Due-Diligence at the time of Mergers, Acquisitions, etc. Evolving Significance of IP Due-Diligence for an M&A Transaction. of such businesses. for sale in the late 1990s.
Any form of Intellectual Property (IP) , be it a trademark, patent, or copyright, can be licensed to third parties. Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. Understanding the IP License. Creating the IP Licensing Agreement.
But any company preparing to sell within the next five years should consider the more common IP issues that arise during the legal duediligence process. IP Ownership Nearly all purchase agreements require the seller to warrant that it owns or licenses the intellectual property necessary for operation of the business.
This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. of facilitating the sale of counterfeit BHPC products, tarnishing the brands image and causing substantial financial loss. and Amazon Seller Services Pvt.
These NFT drops offer valuable learning lessons which every NFT project, brand, and company must consider before launching their NFTs project. In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. The “Crypto Punk” brand name is a trademark.
IP assets, such as patents, trademarks, and copyrights, can be used to generate revenue, enhance brand value, and protect against competition. For IP owners, IP finance can provide a way to generate revenue from their IP assets without having to sell or license them outright. such as in the ASIA IN program.
IP assets, such as patents, trademarks, and copyrights, can be used to generate revenue, enhance brand value, and protect against competition. For IP owners, IP finance can provide a way to generate revenue from their IP assets without having to sell or license them outright. such as in the ASIA IN program ( asiain.com.co ).
With R&D often siloed by brand or teams in large CPG companies, one of the biggest challenges can be identifying institutional knowledge and simply knowing what other types of research are currently in process. “We When we do acquisitions, you have 30 people visit the site to do duediligence.
A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? Finally, a franchise is subject to many more regulations than a license because it involves much more than a trademark.
A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? Finally, a franchise is subject to many more regulations than a license because it involves much more than a trademark.
A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? Finally, a franchise is subject to many more regulations than a license because it involves much more than a trademark.
Your company has invested in developing its goodwill and protecting its brands, and now seeks to bring in partners. Or perhaps your company seeks to grow by on-boarding third-party brands. Duediligence for mergers and acquisitions. Co-branding agreements. Bankruptcy.
DueDiligence for Security Interests in Trademarks. When performing duediligence (related to financing, including a line of credit, M&A or otherwise) on a debtor, a trademark attorney will typically be provided a list (typically called a Schedule) of trademark registrations. Article updated May 2022.
From terminating allegedly infringing users and implementing copyright filters, to duediligence, website blocking, and running a search engine, tech companies can find themselves being held responsible when third parties upset the business models of other third parties. Image Credit: Jimmy Nilsson Masth ( Unsplash License ).
Integrated Marketing Promotions: How Do Brand Tie-Ins Work? The promotional tie-ins are everywhere, and I’ve spotted creative integrated brand promotions and licensed product collaborations in some unexpected spaces. Here, for example, Mattel owns the Barbie brand and Warner Bros. Warner Bros. Warner Bros.
This can include inventions, designs, artwork, and even brand names and slogans. Trademarks: A trademark is a type of intellectual property that protects brand names and logos. Investors and DueDiligence. What are intellectual property and intellectual property rights?
Commercialization Through Franchising Franchising is essentially a subset of licensing whereby the owner of an intellectual property grants the franchisee to replicate the entire business concept in a different location.
Further, such sale may also conflict with the existing licensing agreements with regard to the concerned intellectual property, should there be any. Conducting DueDiligence – Conducting duediligence with regard to the intellectual property to be assigned reveals assets and liabilities attached to it and aids in crystallizing its value.
The publication added that “the firm has been protecting illustrious brands for many decades, with an unswerving commitment to providing an efficient, high-quality service.”. “We Europe, and China, including trademark counseling and prosecution, enforcement and litigation, licensing agreements and duediligence, and advertising counsel.
Obtaining patents or trademarks for their inventions or brand names can prevent others from copying or imitating their innovations, protecting those ideas and giving them a competitive edge. Investors and potential buyers often assess the IP portfolio of an emerging company as part of their duediligence process.
We have previously written about key steps for brand owners to consider for their trade mark strategy in the metaverse and since then, earlier this year, the 12 th edition of the Nice Classification came into force. The case also brings to light the potential for third parties to capitalise on the goodwill of reputable brands using NFTs.
It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on. Further, it would also simplify duediligence required for IP transactions such as mergers and acquisitions. Is blockchain useful for pharmaceuticals?
It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on. Further, it would also simplify duediligence required for IP transactions such as mergers and acquisitions. Is blockchain useful for pharmaceuticals?
It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on. Further, it would also simplify duediligence required for IP transactions such as mergers and acquisitions. Is blockchain useful for pharmaceuticals?
If you’re using an online logo generator, such as the one in Canva, a very popular online program for creating all kinds of visual projects, or Logo.com, you need to look at the license terms of the software. Canva and other logo generators are licensing the use of their product and the generated logos in it to you.
Ensuring that a business holds all rights to enable it to make full use of its trade mark should be front of mind in any branding consideration. Exploring the terrain of authorship first, it is essential, as part of any brand development exercise, that the author (or authors) of a trade mark are able to be pin-pointed.
It is also a widely known fact that on the outset of creating a highly coveted endorsement deal, clients and/or their advertising agencies will conduct duediligence of models in advance of contacting a model to discuss an endorsement opportunity.” Plaintiffs had “varying levels of success and visibility in their modeling careers.”
With regards to limits on the number of devices simultaneously connected, no timestamps or IP addresses are ever logged; our systems are merely able to identify how many active sessions a given license has at a given moment in time and use that counter to decide whether a license is allowed to create one additional session.
Trade marks are typically associated with a brand and may include brand names, slogans and logos. Alternatively, IP owners may want to license their IP specifically for use in NFTs to generate additional revenue and goodwill in the IP. IP owners should also clearly address revenue sharing issues in the licensing agreement.
Prior to finalizing a merger, the duediligence process involves assessing the company’s assets, with intellectual property (IP) being a key component of this evaluation as IP is highly valuable. It is precisely for this reason that duediligence of IP assets is essential to the success of an M&A transaction.
Whether you’re building proprietary LLM infrastructure, training models on licensed datasets, or deploying AI-driven tools for end users, the stakes are high. Legal issues dont just affect your back officetheyre part of your product, your brand, and your investor story. Alongside equity, governance documents are essential.
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