Article by Wim Alberts and Vicky
Stilwell
When an attorney is approached by a client with a request for
advice on the conclusion of a transaction, a number of issues must
be considered. Various areas of law, for example, tax, company or
competition rules, might be relevant. However, for current purposes
regard will be had only to the determination of the validity and
scope of protection of the intellectual property that may form part
of the transaction. It is, in general, advisable to involve an
intellectual property attorney in such an endeavour, in particular
where the transaction is of a complex nature (in given instances
even intellectual property practitioners in other countries would
have to be consulted). This would seem to follow from the
consideration that the quality of the input of the practitioner
will, naturally, be enhanced by an understanding of the transaction
and the type of business involved. This will require insight into
the way in which the
