Commercial Transactions Where IP Is Key

In this four-part article series, we consider the various stages of a commercial transaction for which intellectual property assets are the essence of the transaction.

First, before commencing discussions with any prospective business partners or investors about your potentially valuable ideas, software applications or inventions, it is prudent to secure the ownership in the intellectual property that exists in the assets you wish to sell/develop (if not already done). For example, by: (i) applying for registered IP protection as applicable; (ii) procuring any assignments of IP not already obtained; and (iii) especially with reference to IP rights that exist without registration (e.g. copyright and confidential information), documenting and safely storing related materials such as design drawings, plans and sketches, copies of code, etc.