IP in business transactions: Country Q&A tool

Resource type: Article

Status: Law stated as at 01-Mar-2012

Jurisdictions: Argentina, Australia, Austria, Brazil, Canada, China, France, Germany, Greece, Italy, Japan, Mexico, Russian Federation, South Africa, South Korea, Switzerland, Turkey, USA, United Arab Emirates, United Kingdom

This tool enables subscribers to search the Country Q&A in the IP in Business Transactions multi-jurisdictonal guide by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the "submit" button. Please note that the law stated dates for each jurisdiction covered may not be the same. To check the law stated dates for each jurisdiction, please visit the individual article.

To view the Main IPRs Country Q&A tool, please click here.

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Overview of main IPRs

1. What are the main IPRs in your jurisdiction? How are they protected?
 
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Maintaining IPRs

2. What facilities are available to conduct IP searches and obtain IP information on registered IP rights?
 
3. What steps must a business take to maintain the registration and status of its main IPRs?
 
4. What steps can a business take to avoid committing an infringement of another party's IPRs and to monitor whether a competitor is infringing its IPRs?
 
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Exploiting IPRs

5. What are the main steps in an IP audit in your jurisdiction to determine the content of an IP portfolio?
 
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Assignment

6. How can main IPRs be assigned?
 
7. What formalities are required to assign each of the main IPRs?
 
8. What main terms should be included in an assignment of IPRs?
 
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Licensing

9. How can each of the main IPRs be licensed?
 
10. What are the formalities to license each of the main IPRs?
 
11. What main terms should be included in an IP licence?
 
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Taking security

12. Is security commonly taken over IPRs?
 
13. What are the main security interests taken over IPRs?
 
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M&A

14. What IP-related due diligence is commonly carried out in both a share sale and an asset sale?
 
15. What IP-related warranties and/or indemnities are commonly given by the seller to the buyer in both a share sale and an asset sale?
 
16. How are the main IPRs transferred in both a share sale and an asset sale?
 
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Joint ventures

17. Is it common for companies to set up joint ventures in your jurisdiction to develop projects that heavily involve IPRs?
 
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Competition law

18. What are the main provisions of your national competition law that can affect the exploitation of the main IPRs?
 
19. What are the most common national competition law issues that arise in the exploitation of the main IPRs?
 
20. What exclusions or exemptions are available for national competition law issues involving the exploitation of the main IPRs?
 
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Advertising

21. To what extent do advertising laws impact on the use of third party trade marks?
 
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Employees and consultants

22. Who owns each of the main IPRs created by an employee in the course of his employment? Is compensation payable in relation to employee IPRs? What main steps can an employer take to ensure it owns each of the main IPRs?
 
23. Who owns each of the main IPRs created by an external consultant? What main steps can a business take to ensure it owns each of the main IPRs?
 
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Tax

24. What are the main taxes payable by a licensor on the licensing of the main IPRs?
 
25. What are the main taxes payable by a seller on the disposal of the main IPRs?
 
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Cross-border issues

26. What international IP treaties is your jurisdiction party to?
 
27. Are foreign IPRs recognised in your jurisdiction?
 
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Reform

28. Are there any proposals for reform?
 
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Resource information
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  • Resource ID: 7-501-7488
  • Law stated date: 01-Mar-2012
  • Products:  IP in Business Transactions multi-jurisdictional guide, IP&IT, PLC Cross-border, PLC UK Corporate, PLC UK Corporate, PLC UK Law Department, PLC UK Public Sector, PLC US Intellectual Property & Technology, PLC US Law Department
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