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IP Issues in M&A

Financier Worldwide Magazine

18 Jun 2019

In the Financier Worldwide article “IP Issues in M&A,” Morrison & Foerster partner Tracy Bacigalupo discusses the value of intellectual property in mergers and acquisitions.

“As an intangible asset, the value of IP is often not readily apparent without full transparency from the seller, including as to the scope of its IP and its business operations generally,” said Tracy. “Compared to other forms of property, IP has an expansive definition and many businesspeople do not necessarily realize the extent to which their internal resources or processes may be protected by IP law. Consequently, the buyer must often ‘push’ the seller to identify all of its IP, especially in the areas of non-registered IP, such as trade secrets. The buyer must also thoroughly investigate the disclosed IP for potential risks, so that it can best determine its value. Potential key considerations include validity, ownership, exclusivity and protection of IP.”

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