Intellectual property transactions

We can assist with commercial transactions involving intellectual property – the sale of a patent, for example, or the granting of a licence under it.  If you wish we can supply documents to effect a transaction, or advise on the terms you ought to include.  For more complex business arrangements we can work together with specialist intellectual property solicitors to help you put your commercial agreements into effect.

Many types of transaction involve intellectual property (IP) rights and it can be easy to overlook the IP aspects of a larger deal.  In an acquisition or merger, for example, the assets being transferred may well include patents, trade marks, design rights, copyright and/or confidential information.  A distribution agreement will probably include a licence to use a trade mark, and a franchise agreement almost certainly will - these licences should incorporate controls over the way the trade mark is used.  In a joint venture or similar collaboration, the parties need to consider who will own the intellectual property in any new ideas which result from their work, and under what terms the other parties will have access to it.

Crucially, your intellectual property rights will often play a role in obtaining investment funding.  Investors will want to assess the strength and value of those rights, and how well they're being managed, before they commit to your company's future.  This so-called "due diligence" evaluation is something everyone should carry out before purchasing, or otherwise becoming involved with, another party's intellectual property rights.

How we can help

Look out for the types of situation described above.  Ask for our advice on the IP issues, to ensure that the completed agreements are legally sound and have the effects you intended.  We can assist with due diligence investigations into IP rights.  If appropriate we can also advise on safeguards in case an initially amicable agreement should turn contentious, for instance if one of the parties changes hands in the future.

Registering IP transactions

Some types of transaction should be officially recorded in order to protect the parties' rights.  A change of ownership of a patent, for instance, should be registered at the Patent Office.  So too should an exclusive licence granted under it.  This is also something we can attend to and advise about.