Commercial services Due Diligence
Patents, trade marks and other intellectual property rights can be a critical aspect of corporate transactions. Sellers, buyers and investors need to know the worth of an IP portfolio. Working with advisors who understand both the technical and legal issues is key.
At Marks & Clerk we have the necessary resources and expertise. We are a leading firm in the IP field, with excellent technical and legal resources. Our dedicated team has developed a structured approach to IP due diligence and each assignment is individually tailored and scoped. There is solid project management. We provide a coherent and structured approach to searches, reports and opinions. Issues are systematically identified and tracked.
The IP due diligence transactions which we regularly manage are wide-ranging, covering all types of technologies and businesses. We advise on acquisition, vendor and investor IP due diligence transactions according to client expectations, risk analysis and time constraints. Our Freedom to Operate reports and analytical patent landscaping tools help to evaluate the company's potential, assess the strength of the company's IP portfolio, benchmark it against that of major competitors, and identify threats that could undermine a company's value. Our experienced team will guide you through the whole due diligence process.
We work alongside corporate law firms, in-house legal teams, accountants, investment banks, private equity houses and venture capitalists. At all times when working with other professionals we ensure clear demarcation. Our internal protocols and checklists avoid duplication. The end product is a full comprehensive report on all the issues raised. Our reports are often included in company prospectus documentation for AIM and Main Market Listings on the London Stock Exchange.
Marks & Clerk is unique in that it offers the client both patent and trade mark attorneys who are experts in all fields, as well as a team of lawyers specialising in IP aspects of due diligence. Our team includes specialists in all technical areas: biotechnology, pharmaceuticals, electronics and software, mechanical engineering, chemicals, food engineering, retail products and services. We have ready access to advice and information from all countries – either through our own network of international offices or through a wide range of trusted associates around the world.
We have advised a wide cross-section of clients, from multinationals to private companies and spinouts.
The range of due diligence exercises we regularly handle is far reaching and can include:
- reports required for AIM, Main Market or other stock exchange listings;
- investigating and reporting on patent portfolios, ownership, infringement and validity of rights;
- patent clearances and freedom to operate opinions;
- trade marks searches and reports on brand strength;
- investigating disputes involving intellectual property;
- IP aspects of licensing and joint ventures.
For more information please contact:
Mark Blair, email: mblair@marks-clerk.com, tel: +44 (0) 20 7420 0250 or
Dr Bob Naismith, email: bnaismith@marks-clerk.com,tel: +44 (0) 141 221 5767
