Intellectual Property
In General
Intellectual property (IP) assets are used by companies to protect , expand, and develop business. The IP assets are generally patents, trademarks or copyrights developed "in house", but they can also be acquired from individual innovators or small companies that have a good idea but lack the resources to bring their idea to market. IP assets generally can add significant value to a business or to market share. In the case of a start-up company, the IP assets can be used to secure funding, as these can lead to exclusivity in a particular market.
IP assets frequently serve as a legitimate barrier to entry by potential competitors into a market staked out by the IP. In making an informed decision whether to enter or expand in a market, a business needs to undertake a “due diligence” investigation to determine what, if any, patents, trademarks or other IP assets may impact the entry. At CoSud Intellectural Property Solutions, we can advise on whether such assets exist, determine the strength and viability of those assets, and offer suggestions for avoiding conflicts. Conducting a due diligence review can prevent unexpected and costly delays in product development, product launch, and help avoid costly post launch litigation.
Developing your own IP assets can be a benefit in licensing the protected asset to others, whether patent, trademark or copyright, and where there is an encroachment, can be protected through litigation to collect damages, or generate royalties from the use of the asset or to block entirely use of the asset.