Intellectual property due diligence (IPDD) refers to a series of legal activities that investigate, identity and systematically sort out the situation of intellectual property (IP) assets, confirm the status of IP rights, find real problems, assess potential risks, and propose professional solutions.
IP Counsel
Run Ming Law Office
IP assets include patents, trademarks, copyrights, domain names, trade secrets (including technical know-how and business secrets), rights in new varieties of plants, the exclusive right of layout and design of integrated circuits, etc. The authors can say that as to any disciplinary action involving IP assets, the parties of a transaction will conduct IPDD of varying degrees on related subject matter.
IPDD is indispensable in daily business, various mergers and acquisitions, private equity and venture capital, public offerings and listings, as well as securitization of IP. However, in many transactions, customers often overlook IPDD, and the legal risk arising from doing so is not uncommon. In the well-known iPad trademark dispute, flaws in IPDD caused Apple to pay a price of US$60 million.
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Han Yufeng is an IP counsel and Lu Lei is a partner at Run Ming Law Office
中国北京市朝阳区建国门外大街甲12号
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lul@runminglaw.com
www.runminglaw.com
