Intellectual Property Assets in Mergers and Acquisitions [Hardcover]

Lanning Bryer (Author), Melvin Seminsky (Author)

Book Description

Publication Date: December 15, 2001 | ISBN-10: 0471414379 | ISBN-13: 978-0471414377 | Edition: 1st

An up-to-date and in-depth examination of intellectual property issues in mergers and acquisitions

In mergers and acquisitions, intellectual property assets can be especially difficult to accurately value, most notably in rapidly evolving high-tech industries. Understanding the factors that create value in intellectual property assets, and the part such assets play in both domestic and international mergers, is vitally important to anyone involved in the merger and acquisition process. This book provides an overview of the intellectual property landscape in mergers and acquisitions and thoroughly covers important topics from financial and accounting concerns to due diligence and transfer issues.

Bringing together some of the leading economists, valuation experts, lawyers, and accountants in the area of intellectual property, this helpful guide acts as an advisor to business professionals and their counsel who need answers for intellectual property questions. The valuation methods presented here are simple and don't require a background in finance. Whether you're a manager or executive, an accountant or an appraiser, Intellectual Property Assets in Mergers and Acquisitions offers all the expert help you need to better understand the issues and the risks in intellectual property assets in mergers and acquisitions.

Editorial Reviews

Review

"Intellectual property assets are often a key consideration in many of today's mergers and acquisitions, not only in the areas of high technology but also in relation to the consumer and luxury goods markets. Intellectual Property Assets in Mergers and Acquisitions is a valuable publication that provides a comprehensive yet clear in-depth analysis and examination of the critical factors faced by companies seeking to acquire high-value intangible assets including established brands and new technologies. The book looks at the issues from a global perspective in a way that could only be done by well-known practitioners in the fields of business law and accounting."
Paul Johnston, Esq.
Group Trade Mark Counsel
Imperial Chemical Industries PLC

"Working for a global company requires that one become familiar with a variety of intellectual property laws, especially in this era of mergers and acquisitions. This book is a handy tool when it comes to grasping the basics of such dealings as well as providing a more in depth account. I thought the sections on due diligence were extremely helpful. It is a welcome addition to any law library."
Robert Peverada, Esq.
Senior Attorney
Merck & Co., Inc.

"Intellectual Property Assets in Mergers and Acquisitions is not only an essential resource for an IP or M&A attorney, but it is a must read for licensing attorneys and licensing professionals regarding its discussion of IP valuation."
James M. Markarian, Esq.
Licensing Counsel
Siemens Corporation

"When one business buys another, it is easy to count widgets and machines. People then attempt to apply that philosophy to intellectual property. It is also easy to look at the books to see how much the owner values such inventory, property, plant, and equipment. People then attempt to find intellectual property value on the books. It does not work that way. Intellectual property value must be measured in quality, not quantity, because each property is unique, by definition. Intellectual property value must be determined off the books, because it is an asset that is expensed. Intellectual Property Assets in Mergers and Acquisitions explains the implications of how different one must treat such intellectual property assets in a business transaction, from a variety of perspectives and from a collection of world-renowned experts."
John H. Hornickel, Esq.
Chief Intellectual Property Counsel
Bridgestone/Firestone Americas Holding, Inc.

From the Inside Flap

The desire to obtain intellectual property assets is a driving force behind a majority of today's mergers and acquisitions. These intangible assets are desirable in that they often allow a firm to create and hold monopoly power on a unique product or service. Understanding how intellectual property rights affect mergers and acquisitions is essential in today's economic climate. This book covers both the basic issues and more complicated topics of intellectual property as they apply to mergers and acquisitions.

Globalization has ushered in an era in which many of the biggest mergers happen between corporations based in different countries. Those involved in international mergers and acquisitions must fully understand varied competition laws and intellectual property laws around the world.

Because of the difference between tangible assets and intangible intellectual property assets, valuation methods used in mergers involving tangible assets do not work well when applied to acquisitions of intellectual property assets. Despite the increased growth of intellectual property mergers and acquisitions, many merger participants still fail to apply appropriate valuation procedures and techniques.

Covering all these issues and more, this book brings together some of the leading economists, valuation experts, lawyers, and accountants in the area of intellectual property mergers and acquisitions to provide business professionals and their counsel with much-needed answers for intellectual property questions.

Topics include:
* Valuation of intellectual property and intangible assets
* Financial and accounting concerns
* Antitrust concerns
* Due diligence in intellectual property transactions
* Contracts
* Security issues
* International perspectives and concerns
* Holding companies and off-shore corporations
* Acquisition of trademarks and rights of publicity

The accounting and valuation methods in this book are easy to understand, even for those professionals with no background in finance. Any manager, executive, accountant, counsel, or appraiser will find all the expert help they need to better understand intellectual property issues in mergers and acquisitions.

See all Editorial Reviews

Product Details

• Hardcover: 456 pages
• Publisher: Wiley; 1st edition (December 15, 2001)
• Language: English
• ISBN-10: 0471414379
• ISBN-13: 978-0471414377
• Product Dimensions: 10.2 x 7.5 x 1.4 inches
• Shipping Weight: 2.3 pounds (View shipping rates and policies)
• Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #1,424,751 in Books (See Top 100 in Books)

Customer Reviews

Most Helpful Customer Reviews

3 of 3 people found the following review helpful:

4.0 out of 5 stars good but expensive book, January 16, 2009

By 

E. shaffer "hair metal" (Pearl Harbor, HI) - See all my reviews
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This review is from: Intellectual Property Assets in Mergers and Acquisitions (Hardcover)

The book is a collection of articles by different authors. Most are good. Found the article about "International Mergers / Canadian Prespective" silly, as it is hard to consider Canada as "International". Many of these articles are available for free on the Internet, but if you dont have time to search, the book is a good instant collection of useful articles.

Since the publisher could not bother to put in a table of contents or exerpt, which is how you sell books like this, (note to author, find a new, smarter, technology savy publisher for your IP TECHNOLOGY book) here it is:

MERGERS AND ACQUISITIONS: AN OVERVIEW (Patrick A. Gaughan, Ph.D., College of Business, Fairleigh Dickinson University, Economatrix Research Associates, Inc.)
THE ROLE OF INTELLECTUAL PROPERTY AND INTANGIBLE ASSETS IN MERGERS AND ACQUISITIONS (Robert Boyden Lamb, New York University, Stern Graduate School of Business)
INTANGIBLE ASSETS AND INTELLECTUAL PROPERTY ACCOMPANYING MERGERS AND ACQUISITIONS (Gordon V. Smith, AUS Consultants)
VALUATION OF INTELLECTUAL PROPERTY ASSETS IN MERGERS AND ACQUISITIONS (Michael J. Lasinski, INTECAP, Inc.)
ACCOUNTING FOR INTELLECTUAL PROPERTY DURING MERGERS AND ACQUISITIONS (Andrew W. Carter, INTECAP, Inc.)
INTELLECTUAL PROPERTY ASPECTS OF ACQUISITIONS (Glenn A. Gundersen, Dechert)
U.S. ANTITRUST AND INTELLECTUAL PROPERTY IN MERGERS AND ACQUISITIONS (Thomas G. Jackson, Phillips Nizer Benjamin Krim & Ballon, LLP)
INTELLECTUAL PROPERTY AND TECHNOLOGY DUE DILIGENCE IN BUSINESS TRANSACTIONS (Sheldon Burshtein, Blake, Cassels & Graydon, LLP)
INTELLECTUAL PROPERTY, DUE DILIGENCE, AND SECURITY INTEREST ISSUES IN MERGERS AND ACQUISITIONS (Melvin Simensky, Visiting Scholar in Intellectual Property Law, New York Law School; William M. Heberer, Hall Dickler Kent Goldstein & Wood, LLP)
PATENT OPINIONS (David A. Loewenstein, Brown Raysman Millstein Felder & Steiner, LLP)
INTERNATIONAL MERGERS AND ACQUISITIONS: THE CANADIAN PERSPECTIVE (Francois Painchaud, Louis-Pierre Gravelle, Panagiota Koutsogiannis, Christian Danis, and Matie-Eve Cote, Leger Robic Richard)
INTERNATIONAL MERGERS AND ACQUISITIONS: THE EUROPEAN PERSPECTIVE (Benedict Bird, Anna Carboni, and Deborah Lincoln, Linklaters & Alliance)
INTELLECTUAL PROPERTY TRANSFERS TO HOLDING COMPANIES (Susan Barbier Montgomery and Leonard Schneidman, Foley Hoag & Eliot, LLP)
OFFSHORE CORPORATIONS (Tira Greene, Consultant, Anguilla; Michael J. Ward, Counsel Limited, Anguilla)
ACQUISITION AND LICENSING OF FAMOUS NAME TRADEMARKS AND RIGHTS OF PUBLICITY IN THE UNITED STATES (Theodore C. Max, Phillips Nizer Benjamin Krim & Ballon, LLP)
TRANSFER OF INTELLECTUAL PROPERTY UPON MERGER OR ACQUISITION (Lanning G. Bryer and Scott J. Lebson, Ladas & Parry).