Intellectual Property in M&A Transactions Toolkit | Practical Law

Intellectual Property in M&A Transactions Toolkit | Practical Law

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.

Intellectual Property in M&A Transactions Toolkit

Practical Law Toolkit 8-564-3827 (Approx. 11 pages)

Intellectual Property in M&A Transactions Toolkit

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
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 (IP), information technology (IT), or privacy and data security 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 IT agreements or maintains personal information about customers or other persons. Identifying and evaluating a target's IP and IT assets and liabilities and privacy and data security concerns and addressing IP, IT, and privacy issues in the transaction documents are crucial aspects of managing risk in many corporate transactions. Counsel must take into account IP, IT, and privacy considerations for:
  • Transaction structure.
  • Due diligence.
  • Representations and warranties.
  • Covenants and ancillary agreements.
  • Financing.
This Toolkit contains continuously maintained practice notes, standard documents, standard clauses, checklists, and articles that help counsel identify and address key IP, IT, and privacy aspects of corporate M&A transactions.