IP Due Diligence

Buying a business as a going concern (or all the shares in that business) can be a daunting prospect.

To give the prospective buyer some comfort, a due diligence exercise essentially “undresses” the business to view it from all angles, warts and all.

In our information age, the intellectual property component of any due diligence is critical. Are the IP rights all that the seller claims them to be? Are they encumbered or vulnerable in some obscure or technical way that will not be apparent to even the savviest of businesspeople?

Through our experience in IP due diligence, Harrison IP can answer questions such as:

• Whether there are any charges, encumbrances, hypothecation or securitisation of the IP that is not apparent from the relevant Registers;
• Whether the IP is vulnerable to any invalidation proceedings, or in the case of trade marks, non-use cancellation proceedings, or subject to any such proceedings at the time of sale;
• Whether use of the IP is licensed to any third parties, or whether the IP is used in or arises from joint ventures engaged in by the seller; and/or
• Whether the seller’s employees or contractors are subject to any non-compete or confidentiality clauses related to the IP.