Due Diligence – IP, IT and Contracts
This service is particularly attractive to small to medium sized law practices or in-house corporate M&A teams that do not have the resources or expertise on their staff to conduct such due diligence and advise on the results in a manner that suits the project and the client’s instructions.
Whether you are buying or selling a business, conducting your legal due diligence is essential. It is not unusual to find that important assets have been inadvertently left behind with the seller or simply missed off the list of assets. This is especially the case with intellectual property. Patents, designs, trade marks and copyrights may be held in companies other than the company being sold or just not effectively referenced or transferred under the Sale Agreement.
It is also not uncommon to find that the target business has been using IP rights that it does not own, thus exposing the purchaser of the business to a potential IP infringement claim.
Important agreements also need to be reviewed to ensure that they are still in force and confer the rights that the seller says they do. In the context of an asset sale it is also vital to ensure that such important contracts can be legally transferred, and if not what can be done to resolve this issue. Also, the contracts that underpin the business may be unduly prejudicial to the target business, such that some level of liability should remain with the seller.
Our due diligence services can report on all such issues. We can report on a “full” or “by exception only” basis and will tailor the level of due diligence to reflect the value of the sale.
This service is particularly attractive to small to medium sized law practices or in-house corporate M&A teams that do not have the resources or expertise on their staff to conduct such IP and IT due diligence and advise on the results in a manner that suits the project and the client’s instructions.
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This is how we've helped others
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"Marshall IP Group has been assisting SAI Global with its trade mark, IT and other intellectual property agreements for over 4 years now. They have demonstrated a good understanding of our businesses and services and this commercial understanding is applied to the legal advice and assistance they have provided. They have shown expertise beyond their size and (regional) location and an ability to stand their ground against their City counterparts: you get the quality of a city law firm partner but you are not charged the big city law firm rates. They are pro-active, commercially sensible and this has given me, as a busy in-house Corporate Counsel and Company Secretary, peace of mind in relation to SAI Global’s national and international IP Portfolio and other legal needs. "
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"Marshall Marks has recently filed a large number of trade mark applications for us and has a high level of success in terms of getting marks registered with the minimum of fuss and additional costs. They have well established processes that identify problems early on so that time and money is not wasted on problematic applications and deliver their services promptly in a courteous and professional manner. They have demonstrated a strong ability to handle a large and growing IP Portfolio in the very competitive drinks sector of the market. I would recommend them to any company that wants to get a grip on its IP."
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"Marshall IP Group has been a supporter of the iAccelerate from its very beginnings. iAccelerate is a state of the art incubator for start-ups and early stage technology businesses located at the University of Wollongong’s Innovation Campus. Marshall IP Group’s CEO, Tim Marshall, has provided thorough, thoughtful and insightful contributions to iAccelerate providing informative seminars, workshops and advice for many of iAccelerate’s companies. Marshall IP Group demonstrates a commitment to the innovation agenda for Australia and the Illawarra region. "
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"I am delighted to recommend Tim Marshall and the team at Marshall IP Group for all aspects of intellectual property and technology law. Marshall IP Group fills an important space in the legal market in regional Australia and Australian capital cities. The businesses that I am heavily involved in, RMB Lawyers and Unison Outsourcing, have both enjoyed excellent advice and customer service from Marshall IP Group in relation to trade marking our businesses and protecting our brand."
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"Entering the world of trademarks and IP, as a means of protecting our brand both now and in the future, was met with an unclear understanding of where we could turn for assistance. Tim and his amazing team at Marshall IP Group have made the whole process a hassle free one and we confidently recommend their services to anyone wanting to add value to their brand and business. "
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"Nobody likes to have to fight a court case and especially one against an internationally based company, but that was what we found ourselves facing in 2012. We were so lucky we found Tim Marshall of Marshall Legal. We highly recommend his services to anyone who wants a good business lawyer that gives good solid advice on all matters, including Intellectual property matters, trademarks and Patent attorneys who have proved invaluable to our business"
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