DUE DILIGENCE PROCEDURE IN THE FIELD OF INTELLECTUAL PROPERTY IN THE PROCESS OF CONDUCTING THE PROCUREMENT OBJECT

2020 ◽  
Author(s):  
Maria Shilyaeva
Keyword(s):  
Intellectual Property ◽  
Due Diligence ◽  
A Company

The article is devoted to a new term in Russian practice — Due Diligence, which allows you to identify and reduce possible risks that arise when buying, taking over a company or investing. In Russia, Due Diligence has its own characteristics and features, which are discussed in this article.

scholarly journals Relevant Issues of the Judicial Practice in Intellectual Property Protection

CIVIL LAW ◽  
2021 ◽  
Vol 1 ◽  
pp. 7-10
Author(s):  
Konstantin A. Kirsanov ◽  
◽  
Olga N. Barmina ◽  
Keyword(s):  
Intellectual Property ◽  
Present Article ◽  
Civil Law ◽  
Intellectual Property Protection ◽  
Judicial Practice ◽  
Main Current ◽  
A Company

Intellectual property is currently one of the key areas of modern civil law relations. In the present article, the authors reviewed and summarized the main current areas of judicial practice in the field of violations related to the exclusive rights to a company name, characters and trademarks.

Intellectual Property Ownership in a University Setting

2022 ◽  
pp. 251512742110572
Author(s):  
Lizhu Y. Davis ◽  
Lynn M. Forsythe ◽  
John M. Mueller
Keyword(s):  
Intellectual Property ◽  
Graduate Student ◽  
Oil And Gas ◽  
Hard Rock ◽  
Property Ownership ◽  
The University ◽  
A Company ◽  
University Setting

Drilling through hard rock to explore for underground oil and gas is especially complicated in geographic areas where the sub-layer is full of dense and impenetrable rock. Charlie Scent, an Engineering Professor working at a university, undertook research to solve this dilemma and developed a solution after approximately 20 years of effort. To commercialize the technology, Scent collaborated with one of his PhD students and formed a company. Through the commercialization process, friction developed among the participants—Scent, the graduate student, and the university. This discord brought to light several important questions regarding intellectual property that is created in a university setting. This case is about who owns intellectual property and decreasing the probability that there will be friction between the individuals who are at the heart of an invention.

scholarly journals Pembatalan Hak Merek Yang Telah Dijadikan Jaminan Fidusia

2018 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Delila Pritaria Cantika
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Registered Trademark ◽  
The Absolute ◽  
The Law ◽  
A Company ◽  
Adequate Evidence

Trademark as a part of intellectual property rights in essence is a sign to identify and distinguishing a product that made by a company with other products in the market. Trademark must be registered to gain a legal recourse in the form of Rights Over Trademark. However a registered trademark can still be nullified, based on a certain adequate evidence the registered trademark cannot fulfilled the absolute grounds or relative grounds. In furtherance, nowadays trademark legally feasible to be registered as a collateral. And as for the most accurate form of the collateral itself according to the law shall be registered fiduciary guaranty.

The Integrity Review Process for an Asset Acquisition

2014 ◽  
Author(s):  
Cristina Figueiredo ◽  
Shaun Dawe
Keyword(s):  
Review Process ◽  
Pipeline System ◽  
Due Diligence ◽  
Business Opportunity ◽  
Asset Acquisition ◽  
A Company ◽  
Effective Analysis

Frequently, a comprehensive due diligence process is required when a company evaluates a potential asset acquisition. It can become more complex in the pipeline industry considering the number of stakeholders that can be involved to assess scope, schedule, estimate and the risks associated with such a project. When a pipeline company contemplates an acquisition of an existing pipeline system, the Integrity group becomes a key supporter during the process. The condition of the pipeline shall be scrutinized in order to evaluate and manage the integrity risks associated with the project, which will contribute to successfully securing the business opportunity. A well-established process facilitates and supports effective analysis. This paper will review the methodology that has been used by a pipeline company to assess the integrity of potential asset acquisitions; challenges and the overall pipeline company’s experience will also be covered.

ADDING VALUE THROUGH MERGERS AND ACQUISITIONS

2002 ◽  
Vol 42 (1) ◽  
pp. 655
Author(s):  
M. Alciaturi
Keyword(s):  
Oil And Gas ◽  
Capital Expenditure ◽  
Due Diligence ◽  
Strategic Objectives ◽  
Market Participants ◽  
Value Loss ◽  
Primary Reference ◽  
Valuation Methodology ◽  
A Company ◽  
Oil And Gas Sector

Many market commentators are forecasting increased corporate merger and acquisition activity in the Australian oil and gas sector. This activity presents industry participants with significant opportunities to increase shareholder value.An effectively designed acquisition approach (business process) assists in establishing strategic objectives to maximise value and returns to a company. Steps in a structured process include assessing the acquirer’s strengths and weaknesses, defining the strategy, identifying the range of possible targets and evaluating the preferred target prior to negotiating and completing the acquisition.Observed market evidence supports the theoretical notion that market participants determine the value of E&P companies with primary reference to the NAV (DCF) methodology. The benefits of this valuation methodology are that it attempts to rigorously capture the effect of large changes in production over time and the irregular nature of E&P companies’ capital expenditure programs.Effective due diligence supports the decision-making process by identifying the risk factors that can make or break a deal and assists to clarify the transaction whilst effective structuring of the acquisition will minimise value-loss through tax leakages etc.

The Effect of Business Characteristics on the Methods of Knowledge Protections

2013 ◽  
pp. 1283-1311
Author(s):  
Xu Bin ◽  
Tan Kay Chuan
Keyword(s):  
Intellectual Property ◽  
Core Competency ◽  
Service Industries ◽  
Senior Managers ◽  
Ip Protection ◽  
The Core ◽  
Knowledge Protection ◽  
A Company

Intellectual property (IP) protection has been suggested to be essential in protecting innovation in product-dominant companies. However, with the development of service industries, the ineffectiveness in IP protection becomes manifest. Meanwhile, other knowledge protecting methods enable companies to maintain their competency without formal protection. This study examines the effectiveness of different means of knowledge protection. Specifically, business is classified according to companies’ offering nature, serving mode and consider about their business hardware. The effectiveness of protection methods is analyzed among these business types. Interviews were conducted with senior managers of 39 companies in China and Singapore. It is demonstrated that the choice of knowledge protecting method does not depend mainly on whether a company provides products or services, but on how the company produces and provides its offerings. It is found that the core competency of companies largely affects their attitude on whether to protect their offerings. It is found that in weak appropriability regimes, companies apply for patents not for their knowledge protection function, but for other benefits, such as getting awards or tax reductions, and improving reputation among customers.

Uniform Domain Name Dispute Resolution Policy (UDRP)

2015 ◽  
Author(s):  
Torsten Bettinger ◽  
Allegra Waddell
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
The Internet ◽  
Uniform Domain ◽  
Property Law ◽  
Domain Name ◽  
International Impact ◽  
The Everyday ◽  
Use Of The Internet ◽  
A Company

As worldwide use of the Internet has expanded, the importance of domain name selection and use has increased exponentially for brand owners and professional domain name registrants alike. The terms ‘cybersquatting’ and ‘pay-per-click advertising’ have become commonplace in the everyday vernacular. Although domain name law is, in many respects, similar to more traditional trademark and intellectual property law, many countries are still developing practices for handling disputes over Internet space. Given the international impact of domain name use, and the myriad jurisdictional problems concerning both venue and enforcement of judgments, domain name disputes present a number of challenges to nationally-based court systems. Domain name registration generally follows a ‘first-come, first-served’ model, thus potentially leaving trademark owners open to abusive registrations on behalf of cybersquatters and in some cases putting a company in the difficult position of paying ‘ransom’ to a domain name holder who registered the company’s trademark or brand in a domain.

Healthcare Management

2018 ◽  
pp. 157-168
Author(s):  
William R. Roche
Keyword(s):  
Intellectual Property ◽  
Judicial Review ◽  
Civil Law ◽  
General Medical Council ◽  
Healthcare Management ◽  
Medical Council ◽  
Due Diligence ◽  
Professional Regulation ◽  
The Public ◽  
Corporate Manslaughter

Doctors are familiar with the professional regulation of their practice and behaviour through the General Medical Council and for their liabilities under civil law in the event that a patient comes to harm. The public outcry in response to a series of reports into healthcare failings and wrongdoing has led to legislation that criminalizes certain acts and omissions. Increased resort to judicial review has also produced a series of key judgments that have more sharply defined the duties and liabilities of those commissioning and providing healthcare. Medical managers need to be aware of the increased range of professional expectations of them as individuals and the statutory duties of healthcare commissioners and providers. This chapter will discuss issues in relation to this, such as rationing, corporate manslaughter, due diligence, duty of candour, intellectual property, exploiting commercial interests, and trainee liability.

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