IP in M&A

When businesses are bought or sold, or assets reorganised within a corporate group, it is important that intellectual property (IP) issues are considered and addressed so that businesses can continue to operate normally and without disruption. In some cases IP will be critical to the operation of a business, and in others IP will play a more ancillary role. There are almost no cases where a business will not rely on any IP rights or use no material subject to IP protection in its wider operations.

IP as a business asset

IP is first and foremost a form of property, and is a key asset for many businesses. How critical a role that IP plays in the success of a business will depend both on the nature of the business and the nature of the IP. A business engaged in producing consumer products will depend heavily on trade marks and rights in passing off to protect their brand and position in the market. For some businesses their core value may come from ownership of patents giving them a monopoly over a particular inventive product or process. For other businesses,

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