HUB LinkedIn
HUB International LAWYERS’ Insurance
A leading solution provider for lawyers’ professional liability insurance
You get more when you buy from our LAWYERS' Professional Liability Insurance specialists at HUB International Insurance Brokers, Canada’s leading broker. You receive the combined power of our vast global resources and solid local relationships. You are provided with the solution that makes the most sense for you, whatever the size of your practice.

The Importance of Due Diligence Analysis - Intellectual Property

A due diligence analysis of intellectual property rights is an important step when acquiring or making a significant investment in a business. It is particularly important in the case of technology companies, where Intellectual Property Rights are assets that account for almost all the value in a business. A due diligence analysis provides an appraisal of a business’s assets and liabilities and helps to identify any potential problems.

Subjects for Consideration & Evaluation:

  • Trademarks – if there are any registered trademarks, it will be important to determine whether the goods and services declared at the time of registration adequately match the operational reality of the business as well as whether the reported date of first use is correct. If the registration date does not match the actual date of first use, than the registration can be invalidated. Trade-marks Act
  • Patents – Patent rights generally belong to the inventors, unless a written agreement states otherwise. Be sure to examine all agreements with inventors as there may be many cases where the inventors have granted shared rights to multiple businesses. Patent Act
  • Copyrights – The presumption is that all work (including computer programs) created/made during the course of employment are the property of the employer. However, there is no such presumption if the work was made by a subcontractor or a consultant. Copyright Act
  • Administrative or Judicial Proceedings - Verify that there are no proceedings that could affect any intellectual property rights and there are no third party infringement claims that have been made either verbally or in writing.  

For more information Trademarks, Patents, and Copyrights, visit the Canadian Intellectual Property Office Website

Derek May
HUB International Professional
D: (604)331-5464
E: derek.may@hubinternational.com

HUB International PROFESSIONAL LAWYERS’ specialists are based in Vancouver and are focused on delivering the best coverage, best value and best service, with winning solutions for small, medium and large firms.

Original article source: Intellectual property due diligence in an investment context

Get a Quote

Latest News & Blog