Tools

IP due diligence

Every company or group of companies has intellectual property rights or trade secrets. Whereas in the past tangible assets mainly determined the value of the company, it is now increasingly the intangible assets.

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Due diligence: when?

In an acquisition, it is relevant to know what intangible assets and especially what IP the company has. Not only is it important for the buying party to know this, but it is also good for the selling party to know what IP and trade secrets the company has. And it is also necessary to find out in which company the rights are actually held. In addition, due diligence when granting licenses, entering into distribution relationships or rolling out a franchise formula, for example, is also no luxury.

Due diligence may also be advisable at certain stages, such as refinancing in a "scaleup" phase.

What are we researching?

Such a due diligence investigation examines, among other things, which intellectual property rights are present, which group company is entitled to these rights, and whether the intellectual property rights are (still) legally valid. It also examines whether the intellectual property rights have been properly maintained and whether sufficient measures have been taken to protect trade secrets.

In addition, if required, we include existing outbound and inbound licenses in the study as well as intragroup licenses.

If necessary, we conduct interviews in your company to find out existing business-critical IP and trade secrets and identify potential risks and vulnerabilities.

Why at Louwers?

The knowledge and experience of our team assure you of expert and adequate support in due diligence investigations. Indeed, we master all possible types of intellectual property law and can interface with other disciplines such as patent and trademark/model attorneys, accoutants and tax advisors.

Together with you, we will draw up the most appropriate approach to inventorying and reporting your rights and the owner(s) of intellectual property rights (and trade secrets). The approach will always be tailored to your situation and wishes.

You can expect clear and practical reports.

Do you need support with a due diligence? If so, please contact Ernst-Jan Louwers.
Phone 040 2393200.