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Following our first article on IPduediligence considerations for prospective investors of emerging life sciences companies, we’re taking an in-depth look at the duediligent action items that can help with decision-making and risk-assessment calculations for a potential investor.
Intellectual Property (IP) can often be an organization's most important asset. A thorough review is important to claim the IP asset's full value and the ability to claim the full associated rights, such as the right to sue or claim damages. By: Venable LLP
A main focus in most M&A transactions involves conducting intellectual property (IP) duediligence, including patent duediligence in order to properly assess risk involved in the potential transaction. Are there any security interests or liens on that need to be released or recorded for the IP assets?
ACI’s 6th Annual Life Sciences IPDueDiligence Summit is devoted to providing corporate and IP counsel with expert strategies for assessing, valuing, and commercializing IP assets when conducting strategic IPduediligence – an essential to nearly every corporate transaction.
Four pending federal cases involving disputes over nonfungible tokens highlight important questions to ask when conducting sale and purchase duediligence for NFTs, including concerns related to infringement, misappropriation or other intellectual property claims, say attorneys at Covington.
Ensuring the ownership and status of IP is crucial in transactions, just like duediligence for statutory liens and UCC financing statements. Lenders must consider the role of federal IP in deals to conduct thorough duediligence.
Duediligence of trademark registrations can get lost in the shuffle. By: Erise IP In a complex merger or acquisition, there are many moving parts. But thorough review of brand assets can help avoid pitfalls and maximize the investment.
The objective of an intellectual property duediligence investigation is to provide an evaluation of the quality of the IP assets that cover the company’s commercial products and services. For life sciences companies, their patent estate is often a crucial piece of their business and revenue model.
If you own IP in Colombia or abroad and are seeking financing and cash for your projects or company, this article is for you. Intellectual property (IP) is an increasingly important asset for businesses in today’s knowledge-based economy. This is where IP finance comes in.
Companies frequently seek to grow their businesses or enter new markets by acquiring other companies, particularly those with intellectual property (IP) and/or technology. Evolving Significance of IPDue-Diligence for an M&A Transaction. A target’s firm might be reliant on IP in a variety of ways.
If you own IP in Colombia or abroad and are seeking financing and cash for your projects or company, this article is for you. Intellectual property (IP) is an increasingly important asset for businesses in today’s knowledge-based economy. This is where IP finance comes in.
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. Markets have since cooled, with capital becoming harder to find. By: Seyfarth Shaw LLP
In the United States, the first financial exchange focusing on the IP asset was established in 2014. The main aim was to facilitate the non-exclusive licensing and trading of IP assets. This shows how important is the licensing aspect of the company which deals in the IP field. Image Source: gettyimages]. Advantages.
When two parties engage in a merger or acquisition, there are several processes that must take place before the transaction can be completed, including duediligence of the seller’s assets—and particularly the seller’s relevant and material intellectual property (IP). By: Morgan Lewis - Tech & Sourcing
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.
To make sure you create the right perception for the brand, thorough duediligence is a must. So how do you do proper brand duediligence from an IP (legal) perspective? It takes seconds for a consumer to create a brand perception and take a decision. – Kodak).
Trends, triumphs and challenges – the first annual BakerHostetler IP Perspectives (BHIPP) provides insights on all three fronts in the complex world of intellectual property (IP).
According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets.
Declining valuations are the backdrop of the current technology M&A landscape worldwide, and intellectual property is a key value driver from the vantage point of a potential acquiror, so when it comes to duediligence for technology acquisitions, there are several pitfalls to avoid, say attorneys at Gibson Dunn.
In the 2020 Commission IP Action Plan , the European Commission ('EC') announced that it would establish an EU Toolbox against counterfeiting. The EU Toolbox is part of the EU Strategy to tackle Organised Crime 2021-2025.
How “knockoff” furniture landed Kim Kardashian in an IP lawsuit Kim Kardashian faces a lawsuit from the Donald Judd Foundation for allegedly using and promoting knockoff furniture in her office tour video. While Kardashian's counsel denies liability, the case underscores the importance of duediligence in endorsements.
These challenges often center on intellectual property (IP) risks, licensing considerations, M&A duediligence, and documentation practices. Integrating AI tools into drug discovery introduces a mix of opportunities and challenges for startups and large pharmaceutical companies. By: Fenwick & West LLP
The application relies on the IPTV technology (Internet Protocol over Television) which provides delivery of audio/visual/graphic/textual data over IP-based networks. Users may download the IPTV Smarters Pro application (also referred to as a media/video player in the judgement) and register their accounts for availing the service.
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.
Nikita Munjal is an IP Innovation Clinic Fellow and a third-year JD/MBA Candidate at Osgoode Hall Law School. Pina D’Agostino’s Directed Reading: IP Innovation Program course. The rampant theft has forced some artists to stop sharing their work online , limiting the ability of artists to profit from the commercialization of their IP.
How “knockoff” furniture landed Kim Kardashian in an IP lawsuit Kim Kardashian faces a lawsuit from the Donald Judd Foundation for allegedly using and promoting knockoff furniture in her office tour video. While Kardashian's counsel denies liability, the case underscores the importance of duediligence in endorsements.
As law firms increasingly recruit laterals, they must account for ethics rules and other duediligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.
Firm attorneys led a day of interactive discussions with clients on the latest developments in intellectual property (“IP”) law and their impact on patent and trademark strategies.
Litigants and lawyers who previously relied on Judge Albright’s favorable procedural rules and efficient trial schedules as a proxy for more rigorous duediligence will now need to take a closer look at the merits of their cases when considering whether and where to file.
There are, however, several challenges related to obtaining IP protection for algorithms in China. Lack of IP protection may expose the development to theft, infringement and misuse by Chinese competitors and it may result in huge economic losses for the developers. But rights holders must be prepared.
IP considerations, counterfeits and upcycling After an introduction to the legal landscape that currently applies to online marketplaces, the first panel focussed on the IP dimension of digital retail, with a recognition that the COVID-19 pandemic has pushed even more reluctant luxury fashion brands online.
Open-source software (OSS) representations and warranties are an integral part of the intellectual property (IP) representations and warranties in mergers and acquisitions (M&A) transactions and financings, as M&A transaction documents regularly include requests for a seller to represent and warrant that it has policies in place regarding the (..)
In this episode of the Knobbe IP+ podcast, Knobbe Martens partner Mauricio A. Uribe speaks with author, technology disruptor, strategist and CEO Linda Bernardi on the role of patent strategies in VC funding opportunities and duediligence. Leveraging Linda’s current role as CEO at XdMind Inc.,
The Plaintiff argues that Amazon failed to exercise sufficient duediligence and allowed counterfeits to be sold under its platform. As an e-commerce platform, Amazon has specific policies and systems in place to monitor and control the listings of third-party sellers. The Way Forward?
Do your duediligence and consider a knockout search before filing. The post Trademark Rejected Again: Smarter Options to Respond to a Final Office Action appeared first on Patent Trademark Blog | IP Q&A.
Grace Kim focuses her practice on patent prosecution, client counseling and strategic portfolio development, clearance investigations, patentability analysis and duediligence investigations. Nikki Krahler is an IP operation specialist, one of an elite team of professionals that make up Fish’s IP Operations Team.
In this episode of Trending Now - An IP Podcast, Janet Cho and Elizabeth Davenport provide helpful tips for anyone interested in trademarks and the duediligence process, including search options and the utility of such research. By: Williams Mullen
One panel session she was unable to get to was on the Ethics in Funding IP Litigation moderated by Gustavo de Freitas Morais ( Managing Partner at Dannemann Siemsen ). While the AmeriKat was working through amendments to the trades secrets resolution in her capacity of Vice Chair, the panel sessions were steaming ahead.
Mergers and Acquisitions (M&A) and Intellectual Property (IP) have historically been two separate legal disciplines, seemingly separated by impenetrable walls. IP is now valued by organisations on par with, if not higher than, actual assets. Therefore, some sort of IP transaction is a necessary component of any M&A deal.
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