Intellectual Property (IP) in M&A Transactions and the Importance of Due Diligence

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As technology advances, intellectual property has found enhanced importance and value for businesses. A company’s intellectual property typically is one of the cornerstones of its value, and as such, there is an increased focus on intellectual property issues in commercial transactions. It is important to identify and adequately analyse those intellectual property issues because the ownership, validity, enforceability and transferability of a company’s intellectual property rights will directly impact the value of the transaction.

  • There are four key questions that should be asked when performing due diligence on a target company’s intellectual property portfolio:
  • What is the structure of the proposed transaction?
  • What intellectual property assets does the target company own and what is its ability to control those assets?
  • What is the intellectual property’s strategic value to the target company’s business and what is the extent of exclusivity in the marketplace that those intellectual property assets provide?
  • What is the target company’s potential exposure for liability resulting from the use of the intellectual property assets?

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