Diligence Exercises
Exercising due diligence is a key consideration when a company wishes to securitize its assets, or in the event of a merger, sale or acquisition. Although such exercises have traditionally concentrated on tangible assets, the growing significance and value of IP portfolios places an increased emphasis on reviewing the Intellectual Property element of a firm's balance sheet. Exercising IP-related due diligence entails analyzing, documenting and evaluating all of a firm's IP - including patents, trademarks, copyrights, designs, database rights and license/franchise agreements. By ascertaining the enforceability of each right (including the likelihood of opposition, litigation etc.), and the duration they are set to remain in force, a much more accurate valuation can be placed on a firm's IP assets. This process serves to reassure a client that they are getting what they pay for, and likewise can bolster the confidence of investors/lenders from whom a client wishes to raise capital. TOMKINS can conduct a fully comprehensive diligence exercise either as an independent party or in conjunction with in-house auditors.