Conducting a due diligence review of intellectual property
(IP) matters as part of a merger or acquisition
has become commonplace with the growing importance of commercial
IP. While most lawyers are aware of a general need to protect the
more popular forms of intellectual property (patents, copyrights
and trademarks) in the course of a transaction, there are a number
of specific nuances that should be taken into careful consideration
to avoid potentially painful missteps.
Intellectual property rights are intangible rights having no
physical characteristics, and are established through the legal
frameworks that they operate under. Accordingly, IP rights are very
sensitive to changes in legal and administrative policy. These
policies have evolved over the years in light of a shifting legal
landscape in which the public opinion, laws passed by legislators,
judicial decisions and bureaucratic decisions have all had their
role in reforming how the various systems operate.
