Commentary

60.1 Value of intellectual property

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)

60.1 Value of intellectual property

60: INTELLECTUAL PROPERTY

(For intellectual property clauses see Form 60.1 [2069] onwards. For warranties on ownership of intellectual property and absence of incumbrances, infringements and so on, see Form 48.35 [1801] onwards.)

60.1 Value of intellectual property

A significant asset of many businesses is the value of various intellectual property rights that it owns. If the business is in a high technology market or in a research-based industry, these rights are likely to be, or will potentially be, of substantial value. For example:

  1. (a)

        if a party is acquiring a pharmaceutical business, patent protection of the inventions made or owned by the

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