Sibanda & Zantwijk

We provide the following range of due diligence services:

 

- identification of intellectual property (IP) assets;

- confirmation of IP ownership;

- opinions regarding the validity of IP;

- advice as to the proper protection of IP assets;

- determination of proper procedures and control measures to be implemented in

  order to secure and maintain rights in know-how;

- Advice regarding the proper acquisition of rights in software, copyright and source

  code to ensure future use, maintenance and modification of software;

- identification and quantification of possible IP related tax risks;

- identification of structured finance transactions using IP and opinions on associated

  tax and exchange control risks;

- review of exchange control issues relating to IP;

- review of securities and third party rights recorded against the IP;

- analysis of related licence agreements;

- determination of amendments to related agreements that may be required;

- confirmation that existing rights and obligations may be ceded or delegated;

- quantification of potential tax recoupments;

- advice as to whether the IP should be transferred into an IP holding company;

- opinions regarding the reasonableness of previous IP and CGT valuations;

- apportionment of CGT base costs where IP has been valued as a bundle of assets;

- categorisation of IP;

- advice as to the proper transfer of IP;

- Opinions regarding the appropriateness of restraints imposed on, and undertakings

  of confidentiality accepted by employees;

- advice as to the proper transfer of associated regulatory approvals or certifications.

 

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