We undertake audits of IP rights portfolios in order to check, in particular:
- that the legal protection offered by the rights is consistent with the manner in which they are commercialised on the market, so that we can propose, where necessary, additional filings or the abandonment of superfluous property rights;
- in the context of a transfer of rights, that the assignor is able to do so without going against acts previously undertaken (e.g., we may check for a previously-registered assignment or licence agreement, failure to renew a trademark, failure to pay a patent maintenance fee, etc.);
- in the context of a licence, that the industrial property rights registers are consulted in order to check that the information regarding the proprietor is correct.
The general purpose of due diligence is to carry out an assessment from a legal perspective of your IP rights or of third parties’ rights in order to safeguard the transactions being considered.