Intellectual Property Due Diligence Audits

Evaluation of the Length and Scope of the Audit

1. Determine the relative importance of the Intellectual Property (the “IP”) in the overall transaction and to goals to be achieved by the audit.
2. Identify and locate all the relevant IP assets that are material to the transaction.
3. Has the business obtained or secured all rights and authorisation to manufacture and sell certain products without infringing?
4. Is the audit only the “Australian Portion” of an international transaction?
5. Will there be onsite interviews, with business and/or technical people or simply questionnaires?
6. Will the audit be multi-site?
7. You will need to highlight the differences, real and potential, whether the proposed transaction is an asset or a shore transaction, a merger or a joint venture, etc.