IP rights in Mergers and Acquisitions
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Legal advice
Penrose has a team of lawyers that specialise in Intellectual Property in the Netherlands. Please do not hesitate to contact us.
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Welcome to Penrose IP rights in M&A
Penrose specialises in intellectual property (IP) law and mergers and acquisitions (M&A) under Dutch law. We advise and assist international entrepreneurs, directors and shareholders, i.a., regarding mergers and company takeovers in the Netherlands. Also, we specialise in the protection and enforcement of Dutch intellectual property rights, such as copyrights, trademark and trade name rights. Please read more about IP rights in M&A regarding company acquisitions in the Netherlands in the section hereafter.
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Due diligence and IP rights
Intellectual property rights are often the company’s crown jewels. An investigation into the existence and scope of intellectual property rights consequently forms part of any due diligence investigation. Important questions to ask in this respect, include:
- Has the intellectual property (IP) the seller ‘owns’ been independently developed? In other words, is the seller ‘legally entitled’ to the IP?
- Are there exclusive licences from third parties and do these contain a ‘change of control’ clause?
- Are there any claims against or oppositions in respect of the intellectual property rights?
- Are there any limited rights to the intellectual property, such as a right of pledge?
A thorough check of the existing intellectual property rights and related agreements is therefore essential in order to get a clear picture of the value and use options of the company that is to be sold or acquired.
At Penrose, our IP lawyers specialised in mergers and company acquisitions are happy to work with you and answer any questions you may have. Our specialist’s contact details are available here.
