IP considerations in commercial transactions in Africa

By Vicky Stilwell, Edward Nathan Sonnenbergs
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There is a growing amount of mergers and acquisitions and other commercial activity taking place in Africa, with South Africa increasingly acting as the base for such activity.

Intellectual property (IP) is, more often than not, one of the last legal issues to be considered in any M&A or other commercial transaction. This is surprising given that every company or business has at least one trademark and that IP, particularly brands and trademarks, are often a company’s most valuable assets.

Companies need to ensure, in any M&A or other commercial transaction, that their IP is properly identified, that its validity and enforceability is investigated and verified, and that it is dealt with in an appropriate manner in the agreements drafted to effect the transaction.

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Vicky Stilwell is a director at Edward Nathan Sonnenbergs

Do the homework before your company merger in South Africa

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