Most, if not all, corporate merger or acquisition (M&A) transactions raise intellectual property (IP), information technology (IT), or privacy and data security considerations. In some cases, the target company's IP portfolio is the company's most valuable asset. Even where IP does not play a central role, the target likely has software and other technology agreements or maintains information about customers or other persons. Identifying a target's IP assets, determining their value, and addressing their transferability has become crucial to evaluating and managing the risks associated with many corporate transactions. Counsel must carefully evaluate the IP aspects of:

This Toolkit links to the main Practical Law resources on IP and IT issues in M&A transactions involving transfers of patent, copyright, trademark, or other IP rights, including technology and technology licences under the law of China (PRC).

For a guide to Practical Law's global resources on this matter, including multi-jurisdictional content and jurisdiction-specific content for different countries and regions, see IP and IT in M&A Transactions Toolkit (Global).