This due diligence checklist provides a summary of the issues that a due diligence team will consider when conducting a due diligence audit of your business. Due diligence and compliance management helps in analyzing these aspects taking into. If a person or organisation a business entity believes they own ip or have an opportunity to source ip from others, a comprehensive appraisal of the viability of commercialising that ip should be made before committing to its commercialisation. Ip due diligence considerations in corporate transactions. The exercise of conducting ip due diligence is a technical one and it certainly.
In this interactive panel, our expert faculty will discuss reallife examples of deals that failed miserably as a result of ip due diligence or where a lack of thorough due diligence prevented the deal from going through, or worse, ending up in debilitating litigation. Dont miss out on the opportunity to participate in the interactive mock fact pattern, drafted by our esteemed cochairs, who bring more than 75 years of ip diligence experience combined. An intellectual property due diligence checklist is an organizational tool. Ip due diligence analyzes patent issues, trade secrets, trademarks, s, freedom to operate, ip litigation, licensing, reps, warranties, disclosures, and even employment agreements. It is vitally important to fully understand the intellectual property assets of an acquisition target, whose transaction value can reach into the billions. Cs professional syllabus 2020 the institute of company secretaries of india icsi has issued the syllabus of cs professional exam 2020. According to icsi cs exam dates 2020, the paper 1, 2, 3 and 4 for foundation programme will be conducted. Although due care has been taken in publishing this study material yet the. Checklists are useful tools from making sure that the proper procedures have been followed and the necessary documents drawn up.
Ip due diligence standards need to be continuously updated to stay current, especially, as biopharmaceutical companies increasingly pursue highstakes, ipintensive deals in which an overlooked ip issue can undermine the entire value of such a transaction. This is why conducting ip due diligence as a seller is strongly advised. Here is a new book about open source in commercial products. Icsi certificate due diligence, legal and course of. While a robust patent portfolio can detail a companys inventions and business objectives, the scope of coverage the patent portfolio affords can be extremely complex and difficult to understand. Conducting ip due diligence on behalf of the seller 1. Fiona stevens, a partner in gjes life sciences team who frequently advises on the intellectual property aspects of commercial transactions, discusses the importance of ip due diligence. How to register and appear for the icsi cs professional exam. Ip due diligence is essentially an audit to assess the quantity and the quality of intellectual property assets owned by, or licensed to, a company, business or individual. Retain ip experts for due diligence prior to commencing ip due diligence, make sure to retain a legal team that includes ip experts. Additional research, delays in delivery of information, or scheduling challenges can add significantly to the timeframe, often extending the entire process to three or more months.
Intellectual property laws have undergone dramatic changes in the past few years both in the u. Often the intellectual property is the most important asset of the target, particularly in the case of a startup. Certain characteristics typify the due diligence process, regardless of. Icsi cs 2020 june session revised exam schedule has been released by icsi. Regardless of whether you are the target company or the buyer in a business transaction involving ip, the due diligence process should be designed to reveal the value of the intangible assetspatents, trademarks, s and trade secrets. Proper documentation of ip includes creating a summary, or ip register, in which the commercialisation entity records all of its ip. Auckland ip solved anz pty ltd level 1, anz building. The fact pattern will flow through the 2day event as we address the common.
You usually get one chance in front of an investor, let us help you make the most of that chance. Product development, failure analysis, ip and due diligence requirements. By following this checklist, you can learn about a companys assets, liabilities, contracts, benefits, and potential problems. What and why 3 how 10 when and who 22 tricky issues 54. Secretarial audit, compliance management and due diligence module ii, july. Although due care has been taken in publishing this study material yet the possibility of errors, omissions.
For over 10 years, the small patent law group attorneys have been supporting or leading ip due diligence teams in mergers, acquisitions and equity investments for large national and international companies. Intellectual property due diligence is generally conducted coincident with an investment or acquisition. The study material is based on those sections of the companies act, 20 and the. With the increasing number of intellectual property transactions, ip due diligence is growing in importance. Valuing the target evaluating the strategic and financial risks of buying establishing tax and financial budgeting and deal structure developing a successful integration plan determining target operating model for capturing value and growth opportunities gather information on key. Boulware and valoir together have more than 50 years of ip experience. This study material may therefore be regarded as basic material and must be read along with the. The fact pattern will flow through the 2day event as we address the common due diligence challenges keeping you up at night. Any corporate transaction involving ip assets necessitates diligence. Ip due diligence guarantees that you are selling or purchasing the goods you that intend to and want.
Home the icsi institute of insolvency professionals. Their expertise ranges from litigation of all types of ip issues in federal courts and tribunals to global patent and trademark portfolio creation and management. Fiona stevens, a partner in gjes life sciences team who frequently advises on the intellectual property aspects of commercial transactions, discusses the importance of ip due diligence introduction. This exercise presents a checklist used when conducting an intellectual property due diligence report. Nexthow to purchase cs study material foundation, executive and professional previous how to prepare cs professional intellectual property rights law.
The six basic steps of ip due diligence the nature and scope of ip due diligence will vary from transaction to transaction. Introduction to ip due diligence ip assets are a component of virtually every deal and drive many high technology merger and acquisition strategies. Case studies the examination for this paper will be open book examination. Icsi releases cs june session revised exam schedule. Syllabus for icsi cs professional programme exam december 2018. The icsi institute of insolvency professionals formerly known as icsi insolvency professionals agency is a section 8 company incorporated under the companies act, 20 and formed by the institute of company secretaries of india as its 100% subsidiary. Prior to commencing ip due diligence, make sure to retain a legal team that includes ip experts. Audit 19 annexure i specimen non disclosure agreement 20. Marketiii insurance law and practiceiv intellectual property rights. Cs professional 2020 the exam dates for cs professional june session.
Cs professional exam registration cs professional exam. If you are preparing for investment we provide a preparatory due diligence service, so you can be best prepared and know what to expect. We have extensive experience dealing with the complexities of handling ip rights in bankruptcy proceedings where an acute demand for skilled ip lawyers. Ip due diligence mergers and acquisitions in the software. The main objective of intellectual property due diligence is to ascertain the. Due diligence is an important process that can result in money being saved or lost. Whether its a large pharmaceutical firm trying to expand its drug pipeline or. Factors to be kept in mind while conducting due diligence 9 stagesprocess of due diligence 10 transactions requiring due diligence documents to be checked in due diligence process 15 the concept of data room in due diligence 15 due diligence vs. Compliance management and due diligence cs professional programme new edition for. Elective 1 out of below 5 subjects module iii open book exam.
The questions test your knowledge of some of the comments synonyms in the area of due diligence in intellectual property. For each relevant country, the recording includes how each ip item is protected, the date an application for each protection was filed, the date that protection was granted, and priorart information. Our attorneys have the experience and expertise to support acquisitions of any size and in any technology area. They represent fortune 100 companies as well as new market entrants with cutting edge technologies in need of sophisticated legal representation. A due diligence checklist is an organized way to analyze a company that you are acquiring through sale, merger, or another method. Intellectual property due diligence is extremely important for any business transaction that entails the purchase or sale of intellectual property. Secretarial audit, compliance management and due diligence icsi. Our ip lawyers conduct ip due diligence in transactional matters and in other contested situations, such as complex bankruptcy proceedings, and anticounterfeiting and infringement actions. This request list is designed for ip specialists and is intended to provide broad coverage of ip and it due diligence issues. Secretarial audit, compliance management and due diligence. The legal team must have an understanding of the products and services of the target so that it may focus on the ip assets that are important to the business of the client. As one of the worlds leading advisors to corporations and financial institutions, we have earned a reputation for crafting innovative business and financial solutions and developing precedentsetting legal strategies to achieve our clients goals. How to prepare cs professional secretarial audit compliance. Secretarial audit, compliance management and due diligence module ii.
The last attempt of cs professional old syllabus 2020 will be in june 2020, after that all the students will have to compulsorily switch to the new syllabus of cs. Intellectual property due diligence, also known as ip due diligence, is an investigation of ownership done to determine the value of intellectual property. When would a company undergo intellectual property due diligence. The buyer who is evaluating the target could be a licensee, business partner, investor, banker. Due diligence, legal and regulatory valuation aspects chander sawhney fca, acs, certified valuer icai vice president, corporate professionals icsi certificate course of valuation oct 20. Although care has been taken in publishing this study material, yet the.
Ip due diligence for startups and mature businesses alike, patents can be used to fuel growth, expand into new markets, and attract major investments. Intellectual property ip owned by a business can be a very important asset, which may allow the business to establish itself, or maintain its position, in the marketplace. Buy aj publications secretarial audit, due diligence and compliance management cs executive old syllabus only june 2019 book online at. A properly conducted due diligence search can lead to many opportunities for both buyers and sellers, including longterm relationships and new business synergies, and this intensive oneday course will give you invaluable insight into the best practice of organising and conducting an efficient and thorough ip due diligence project. Cs professional 2020 exams postponed to july 6 embibe. Ip due diligence in biotech business transactions findlaw. Ip can therefore have a direct effect on the value of a business. Multidisciplinary case studies module iii open book exam. If the problems discovered during ip due diligence are significant, the deal might be cancelled. Part ii secretarial audit and due diligence 60 marks. The client was benefitted with ip due diligence analysis, as it has revealed the target companys patent portfolio included 6 core technology patents, two potential infringers on core patents and moreover the portfolio has been spread over the geographical area as it required by our client. As with other aspects of corporate due diligence, ip due diligence is. Aj publication cs professional programme secretarial audit compliance management and due diligence new syllabus by cs anoop jain applicable for.
Keiretsu forum due diligence process handbook keiretsu forum due diligence checklist if followed closely, this defines a tenweek due diligence process to funding. The syllabus includes all the detailed topics of the subjects of cs professional 2020. Ip due diligence 5 questions you must ask in corporate. Buy secretarial audit compliance management and due diligence cs professional old syllabus latest edition cs. Cs professional syllabus 2020 marking scheme, pattern. Failure to transfer important ip rights ip rights not as strong as first impression inadvertently acquire potential or actual ip problems. Aj publications secretarial audit, due diligence and. The strength of a companys intellectual property portfolio often drives the value of corporate transactions. Jan 08, 2016 the importance of ip due diligence when negotiating a deal.
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