mARCH 2012 74 Legal Focus www.lawyer-monthly.com

Intellectual Property issues within M&A transactions

whilst some countries are still experiencing difficulties economically, others are going through a period of definite, if not steady, recovery from the financial turmoil of three years ago. As each economy strives to regain and retain its health, the importance of mergers and acquisitions inevitably grows, as companies attempt to utilise transactions both domestic and cross-border to strengthen and perpetuate growth.

As with most issues in business, M&As come with many implications. There are issues such as tax, employment, contracts and of course, Intellectual Property to take into account. The IP issues to consider when embarking on a merger or acquisition are vast and varied, and expert and experienced legal know-how and guidance is essential.

Commercial clients seeking IP guidance require well-structured advice

that encompasses an effective IP strategy combined with information about the legal and commercial environment, the regulatory framework, compliance, diligence, IP protection, IP assets within mergers and acquisitions, risks and threats and litigation strategy.

Trusted legal advice is even more vital

when a deal is cross-border, as when a deal involves multiple jurisdictions, careful and accurate navigation is

needed to ensure that all legislative frameworks are respected and that compliance in all potential areas is guaranteed.

Over the next few pages, Lawyer

Monthly explores the many IP-related issues that can, and do, arise within mergers and acquisitions across the world. We speak to lawyers from several countries, including the US, Peru, Costa Rica and Nigeria. LM