Intellectual Property in M&A Transactions Toolkit
Resources to assist counsel in identifying and addressing intellectual property (IP) issues in asset purchase, stock purchase, and other M&A transactions involving transfers of copyright, patent, trademark, or other IP rights, including technology and technology licenses.
Most, if not all, corporate merger or acquisition (M&A) transactions raise intellectual property ( www.practicallaw.com/5-382-3549) (IP), information technology (IT), or privacy considerations. In some cases, the target company's IP portfolio is the company's most valuable asset. Even where IP does not play a central role, the target likely has software and other technology agreements or maintains information about customers or other persons. Identifying a target's IP assets, determining their value, and addressing their transferability has become crucial to evaluating and managing the risks associated with many corporate transactions. Counsel must carefully evaluate the IP aspects of:
Representations and warranties.
Covenants and ancillary agreements.
This Toolkit contains continuously maintained practice notes, standard documents, standard clauses, checklists, and articles that help counsel identify and address key IP aspects of corporate M&A transactions.