Conducting due diligence

Due Diligence aims to audit a company in the context of an acquisition, sale, transfer or capital raising project. Due Diligence provides a comprehensive overview of the value of a company in the context of an investment.

In particular, this audit will help an acquirer identify the actions to be carried out prior to an acquisition or, in the short or medium term afterwards, define the guarantees required from the seller in the agreements being negotiated.

In terms of intellectual property, the process will consist, depending on the case, of analysing the validity and scope of the audited company’s intellectual property rights, the conditions under which these rights were created, the strengths and weaknesses of the intellectual property rights portfolio, the freedom to operate the marketed products (FTO) and, if necessary, analysing the contracts relating to these rights.

This Due Diligence requires specific skills and a detailed knowledge of intellectual property law, the technical fields concerned and the conditions of exploitation of these rights and, consequently, the involvement of specialists, Industrial Property Attorneys, to audit the intangible assets of the company concerned.