IP due diligence questionnaire

Copyright © 2025 LexisNexis
Produced in partnership with Simon Portman of Marks & Clerk
Precedents

IP due diligence questionnaire

Copyright © 2025 LexisNexis

Produced in partnership with Simon Portman of Marks & Clerk

Precedents
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Introduction

This IP due diligence questionnaire relates to the proposed purchase by [insert buyer name] (the Buyer) of the [entire share capital of [insert name of target company] Limited incorporated in England and Wales under number [insert company number] (the Company) OR [insert description of the business to be acquired] (the Business) as a going concern, together with certain assets used in the Business] from [insert seller name] (the Seller) (the Proposed Acquisition).

This questionnaire is designed to enable the Buyer, the Buyer's solicitors, patent and trade mark attorneys and other professional advisers to obtain information relating to the IP owned and/or used by the [Company and its subsidiaries OR Business OR which the Buyer requires to assist in the valuation of the Company OR Business and with the negotiation of the Proposed Acquisition]. Please answer every question fully. Please provide your answers in italics underneath each question and provide copies of all relevant documentation, ensuring that all answers and documents are clearly marked by reference to the appropriate paragraph of this questionnaire.

We

Simon Portman
Simon Portman

Solicitor, Marks & Clerk

Simon specialises as a commercial contract lawyer for technology companies. He works for clients in the electronics, bioscience, defence, software, nanotech and creative industries, advising companies ranging from small start-ups to big multinationals as well as individuals, public bodies and charities. Nordic clients form a significant part of his practice, notably Finland and Norway. 

He advises on a wide range of contracts, including licenses, R&D collaborations, manufacturing agreements and procurement documentation. 

On the regulatory front, he has advised on compliance with clinical trials legislation and novel food applications, as well as freedom of information and data protection issues.

Simon has co-written two business textbooks, Commercial Issues for Life Science Companies and Intellectual Property: the Lifeblood of your Company and has contributed articles to numerous publications, including the Financial Times, Patent World and Managing Intellectual Property. He regularly gives seminars and workshops at pharmaceutical conferences in the UK and internationally. He was also part of a UK IPO steering group putting together policies and contracts suitable for R&D collaborations in China.

He heads the firm’s Extended Reality team and in that capacity supplies specialist advice and training to members of XR organisations such as Immerse UK and XR Nation.

Simon has been recognised as a leading practitioner in Who’s Who Legal: Life Sciences 2019 and a rising star by Managing Intellectual Property, IP Stars, 2018. 

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Jurisdiction(s):
United Kingdom
Key definition:
Due diligence definition
What does Due diligence mean?

Due diligence means that all reasonable precautions were taken and all due diligence was exercised to avoid the commission of the offence. This requires the defendant to produce evidence of the system and procedures it has devised in an effort to avoid unfair practices.

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