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A due diligence or freedom-to-operate project involves investigating the material facts and asking the right questions, and can be an extremely complex process depending on the size and complexity of the project. Performing due diligence or freedom-to-operate tasks can often form the basis for some of the strongest areas of negotiation on a deal. 

The need to use a patent/trade mark attorney or IP solicitor for a due diligence or freedom-to-operate project occurs when:

  • There is a merger, or sale before acquisition
  • Purchase of a licence
  • Purchase of a brand 
  • Creation of a new product or brand

HGF works with a range of people including clients and accountants to ensure that every aspect of the project is covered. This involves addressing the following:

  • Ownership
  • Infringement
  • Freedom to operate
  • Validity
  • Scope of protection (IP & regulatory)
  • Anti-trust 
  • Confidential info and know-how 
  • Territorial coverage
  • Contractual issues

We understand that this can be a stressful time for all parties involved in the process. The firm takes time at the beginning of a project to understand the client’s objectives, timescales, budgets and approach to risk, and once the work has been undertaken the team provides a report with their findings and opinions.

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