Legal Analysis and Risk Management of U.S. Patent Due Diligence in High-Tech M&A
| Autor: | Pei-Wen Chou, 周蓓雯 |
|---|---|
| Rok vydání: | 2008 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 96 Corporate mergers and acquisitions (M&A) are crucial tactics in achieving corporate external growth. Strategically, a high-tech enterprise with high growth and efficiency more often than not creates corporate values by means of high-tech M&A, such M&A will also bring about valuable intellectual properties (IP) such as patents that can benefit its strategic purposes. Compared to tangible assets, patent and other IPs acquired through M&A are less protected in terms of IP ownership. To ensure buyer’s IP rights such as validity of IP, transferability for IP transactions, and freedom to operate the acquired IPs, not only do buyers and investors ought to carry out IP Due Diligence procedures, but also conduct necessary audits on IPs that are intended to be procured. In general, issues of IP values and would-be IP risks derived from high-tech enterprise M&A may not be fully identified in the process of M&A because of restrictions of time, and resources. Therefore, this article on the one hand proposed probable legal remedial actions to resolve deficiencies in a patent audit through field interview with experts; on the other hand it recommended buyers and investors to analyze risk factors induced in the process of patent acquisition from the perspectives of risk management process and cost-effectiveness view point. With above approach provided, the prospect of this paper is meant to call attention to strengthen the inadequacies in patent audit,thus making a high-tech enterprise’s patent-driven M&A a success. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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