Commentary

60.4 Warranties as to validity of intellectual property rights

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

60.4 Warranties as to validity of intellectual property rights

| Commentary

60.4 Warranties as to validity of intellectual property rights

The buyer or licensee of intellectual property will wish to carry out a due diligence exercise to establish the extent, validity and enforceability of the rights in question and seek to back this up, so far as possible, with strong warranties from the seller or licensor. These warranties1 will be designed primarily to cover the risk that there are no restrictions on using the intellectual property needed to operate the business and that, where necessary, continued registration of those rights has been effected and the appropriate fees paid.

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial