Whether Intellectual Property Due Diligence can be considered as Technical Due Diligence? Prepare a brief note.

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2021
Whether Intellectual Property Due Diligence can be considered as Technical Due Diligence? Prepare a brief note.

Answer & Explanation:

Technical due diligence can be classified in to (i) intellectual property due diligence; and (ii) technology due diligence. Intellectual Property Due Diligence The company which owns Intellectual Property (IPs) use that IPs to monetize their business. These IPs are something that differentiates their product and service from their competitors. However the concept of valuation of intangible assets related to Intellectual Property like Patents, Copyrights, Design, Trademarks, Brands etc., also getting greater importance as these Intellectual Properties of the business are now often sold and purchased in the market by itself, like any other tangible asset. Many Indian companies and corporate entities do not give much importance to the portfolio management of their Intellectual Property Rights (IPR). The main objective of intellectual property due diligence is to ascertain the nature and scope of target company's right over the intellectual property, to evaluate the validity of the same and to ensure whether there is no infringement claims. Few of the items that need to be seen while conducting due diligence is: Schedule of patents and its application. Schedule of copyrights, trademarks and brand names. Pending patents clearance documents. Any pending claims case by or against the company in violation of intellectual property.

Topics: Due Diligence

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