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Due Diligence

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Due diligence of intellectual property is carried out in two cases:
1. Within the overall due diligence carried out in the event of a merger of legal entities or acquisition of a new company. In addition to IP issues, the following aspects are analysed:
• the structure and legal status of the audited entity and each of its subsidiaries,
• presence/absence of licences,
• significant contracts,
• disputes, if any,
• insurance issues,
• intellectual property / information technology.
2. As a part of an IP audit generally aimed to identify the entity’s intellectual property items. In this case, once such items are identified auditors establish if they can be classified as intellectual property items and registered with the competent authority.
It should be noted that if the audit identifies at least one IP item that is subject to registration but not registered at the time of the audit, an IP professional should first of all notify the entity that such item must be registered.
For example, if your company or product name is not registered with the Ukrainian Patent Office as a trademark, then you are at risk of becoming a victim of unfair competition which may even lead to loss of licence to carry out your business under your company name already known to consumers.
Audit of the entity’s information technology management is an important part of the IP due diligence. It often checks for licences to use software, correct execution of property right transfer agreements, if the software was created by the entity’s employee(-s), and in cases of banks – availability of organisational and software/engineering measures to ensure information security.
We would like to draw your attention to the fact that the main issue faced by entities in the information technology area is the acquisition of software or other intellectual property products from inappropriate providers. This means that by signing a software purchase agreement the entity does not check for the vendor’s right to sell such product and, therefore, takes risk of becoming the object of claims from the real right holder. So, before entering into a contract for the purchase or use of intellectual property, all you need to do is to contact us so that our experienced professionals could help you avoid any possible legal actions from the right holders.
In summary, we would like to note that IP due diligence may be carried out regardless of whether your intellectual property rights are registered or not, whether they are in the process of registration, or have no protection at all. In the latter case, due diligence is just what you need to identify the intellectual property items and establish whether they can be registered or not.
In addition, by the results of due diligence identifying violation of rights to IP items, we in BrandGroup Patent & Legal Agency can offer the schemes for pre-trial and/or judicial remedies, as well as subsequent legal support for these forms of protection.

In order to get further detailed information please feel free to contact our specialists at any conveniet way or fill in the application form.

 

Our Principle

Our team primarily works to achieve the customer’s goals and strategic tasks which is fundamental for "BrandGroup" Patent & Legal Agency.

Our Position

Should you contact us for a qualified help in due time, you prevent the possibility of economic damage caused by illegal usage of the intellectual property  by others.

Our Work

We only offer the services we can deliver and fully perform our obligations on a timely basis as we are based on compliance with business ethics and good faith.