https://portal.iam-market.com/ Dealing with intellectual property rights on share purchase

1. Dealing with intellectual property
rights on share purchase
What are “Intellectual Property Rights?”
Intellectual property rights (IPRs as many professionals refer to them) is a generic term for the
assignment of property rights through the medium of patents and trademarks. The intellectual
property rights permit the person holding them to hold a control over the use of the item for a
certain length of time.
There are people who find the difference between ‘Patent’ and ‘Trademark’ confusing, so let’s
explore this:
 ·Patent – The idea of patent is to protect anything under the heading of ornamental, a new
manufactured item or new in design.
 ·Trademark – Trademark is designed to protect wordage, whether it be one word or a
number of words such as a document or book. Trademark also covers names, symbols and
drawings using in the world of buying and selling to tell the difference between on type of
goods or services to the other.
There is an increased awareness with regards to the value of intellectual property rights (IPR) which
means that there is more attention being paid to the problems that they raise. This is especially the
case with it comes to objects bought by a museum or maybe a library, (which is most often the
case).
There is more information to be sought at http://www.iam-market.com Do not hesitate to visit our
site to find out more.
Avoid committing an offence – Due Diligence
Under normal circumstances an in-depth appraisal of a business is ordered by the person wanting to
buy a business, this is especially the case in order to establish what assets and liabilities there are to
deal with and to evaluate the potential of the business commercially.
Evaluation and review
Now the Due Diligence review has been completed and you have the reports with the answers, read
through and assess it so that you can determine the importance of the IPRs with regards to the
business or company you wish to purchase.
You will find that there are questions that you may want answers to including:
 Are the rights owned by the company that they say they own?
 How regularly are new patents being filed for review?
 Are there any patents that are likely to end soon?
 Will any of the IPRs be shared once sale goes through?
Sharing IPRs
There are a few terms which may be of use to you:
 House mark – Normally a purchaser will want to use all the trademarks that were in use
previously by the company targeted.

2.  Trademark – A few of the trademarks can be utilised by the company being sold as by the
retained group of the seller.
SPAs (Share purchase agreements)
Share purchase agreements will help to describe the Intellectual Property Rights that are going to be
sold and decide on any special arrangements to be added with regards to the Intellectual Property
Rights. It is of some comfort to know that when there are rights that the company own, on selling
they will remain with the company after is has be sold to its new purchaser.
There may be a chance that due to any wrong doing the MOD (Method of operation) may have to
change, this may have the result of affecting the price.