IP assessment

Demystifying formal and informal intellectual property (IP) rights to assess their significance.

What do we do?

The IP owned by a company is frequently seen as a key asset that warrants individual consideration aside from its tangible assets. The correct IP protection and a strategy to deal with the risks posed by third-party IP can significantly affect a company’s standing and value.

Assessment of IP may be relevant to support a one-off decision about an immediate opportunity or threat, such as a decision to agree an IP licence or how to react to an allegation of IP infringement. Alternatively IP assessment may be needed within the scope of a wider commercial decision such as investment, merger or acquisition.

Our solicitors have extensive experience of supporting IP assessment on behalf of buyers and sellers alike. We aim to cut through the complexity surrounding IP rights and provide straightforward advice concerning key issues to support effective decision-making in the following areas:

• Reviewing agreements involving IP rights and assessing their implications for the company’s operations.
• Advising on the scope of IP warranties and indemnities sought on the back of any due diligence.

Often IP assessment work involves making recommendations for mitigating risks or improving a company’s IP position. Having conducted an IP assessment study, we are often well-placed to handle any resulting IP transfers or assignments, provide formal opinions on the validity or infringement of IP rights, assume responsibility for the management of an IP portfolio, or challenge competitor’s IP rights to clear away potential infringement risks.

Who do we help?

We provide IP assessment and advisory services to companies looking to buy, sell, license or assess IP portfolios for other legal or financial reasons. This includes private and public companies, owner-managed businesses, investors, universities, spin-outs and start-ups.