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ARTICLE · 24 MARCH 2022

Shallow Waters Or Deep Dive – Avoiding Costly IP Missteps In Transactions

The outcomes of IP due diligence and how that information is leveraged, will help converge business and IP goals and bring knowledge to inform decision-making and risk-taking in the transaction.

CanadaIntellectual Property

As companies are seeking to scale or pivot into new areas or monetize their intellectual property (IP) portfolios, we are seeing increased partnership, joint venture (JV), product licensing and acquisition activity on the Canadian and international landscape. IP can either be the driving force of the deal or a significant area of risk requiring special consideration, from due diligence to the drafting of substantive provisions of a transaction agreement. The outcomes of IP due diligence and how that information is leveraged, will help converge business and IP goals and bring knowledge to inform decision-making and risk-taking in the transaction.

When conducting pre-deal legal due diligence, the depth and nature of the IP review will have to come early in the transaction process, will be iterative and should always be tailored to particular circumstances of the transaction. The IP considerations in relation to JVs can vary considerably in complexity, depending on

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