Spotting IP Issues in Commercial Transactions

Introduction

IP issues can often be hidden in commercial transactions for many months or years. Often there then comes an event which means that existing documents or arrangements need to be scrutinised by third parties such as investors, purchasers, lenders, or others and their lawyers.

Various IP issues can then come to light including:

• Lapsed IP
• IP applications not being made properly and in the wrong names
• Contractors appearing long after they have done work for the company with claims that they own IP that was created for the Company
• Domain names used by group companies and third parties that have never come to light before
• IP arrangements that have not been documented

In the circumstances above, things may have come to a point where the position cannot be salvaged or, alternatively, the position can be salvaged but only at great expense.

What You Will Learn

This webinar will cover the following:

• Non-IP Focused Agreements - What agreements have been entered into where the central focus is not IP but where IP is still a critical issue? These can include employment, consultancy and freelancer and JV agreements where the focus may be on the work specification and price and payment such that IP is not covered in sufficient detail or at all.
• IP Gaps - Many businesses are focussed upon day-to-day issues and so are creating IP without considering what IP they actually hold or own. Questions include what IP has been created and by whom.
• IP Protection - Many businesses consider registering rights to protect their IP for fear that third parties will copy or infringe their IP. Although this may be the case, businesses often overlook the fact that insiders such as key employees, suppliers or customers may actually take IP out of the business. How can a business protect itself from the myriad of IP threats that might exist (both from outside and inside the business)?

This webinar was recorded on 25th September 2023