April 8, 2016

Avoid IP issues during a merger: Part 1 [Video]

In the technology sector, merging or acquiring companies must thoroughly evaluate all intellectual property factors to avoid encountering any problems. According to the World Intellectual Property Organization, every company should answer the four W’s when approaching IP issues during a merger or acquisition: who, what, when and where. For this video, we will discuss the first two points.

The first W, who, deals with who owns the rights to the IP assets. Confirming that the target company actually owns or has free use of the IP is essential to avoid future problems or infringements. If the target company used open source software or if the buyer must obtain licensure to use a third-party technology, all of this must be outlined in the deal. Following all government registration regulations can avoid future loss of IP rights.

Meanwhile, the what deals with identifying any related IP assets. Does the target company have various patents, copyrights, trademarks and more that could potentially derail or affect the deal?

Stay tuned for the next video to learn more about the when and where of IP issues in mergers and acquisitions.