Practical Framework for the Implementation of A Resource Sustainable Intellectual Property Rights Due Diligence in Mergers & Acquisitions

Abstract:

The correct analysis of patent data is crucial when implementing Intellectual property rights (IPR) management in any part of a business oriented entity. The analysis is standardly performed by specialists on the IPR field which can be divided into two groups: the patent attorneys and the in-house patent experts. But there are other possibilities to reach very good results and possibly save resources and time for example it can also be performed by technical specialists on the researched field and last but not least it can be performed by low level personal, for example students, which has been properly trained. The right amount of investment in the IPR analysis can decide over the level of risk reduction but can also dry out the available resources very fast. Key factors like who is performing the analysis and research can be decisive concerning the quality of the results, the security that it provides, but also the justification for the investment. The objective of this paper is to identify the right strategy of research, analysis and expert assessment to achieve the highest possible risk reduction for the least financial and work investment. The methodology used involves 6 different Due Diligence (DD) processes which were implemented in the course of 7 years in two different global corporations by the writers as well as a literature research of the best practices on the field. It is proposed to create a practical framework which guides and supports the path to a resource sustainable implementation of previous research results.

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