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Intellectual property due diligence and audits
Michael O'Conner
Philips Fox
Abstract
Due diligence in this article refers to the process of examining a business which enables a potential purchases to satisfy himself that the vendor owns the title to the assets to be sold and to determine whether the price proposed is reasonable, having regard to the risks that the purchaser may assume in acquiring the business. This article examines attributes of legal mechanisms used to protect IP which must be considered in the due diligence process. It concludes with suggestions on how to create a ‘culture of confidentiality’ within a company to ensure IP is adequately protected.
"The company should shred all discarded information. Garbage bins are one of the best sources of confidential information."
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