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November 14, 2014

Alan Adcock to Present on the Role of IP in M&A and JV Transactions

Asia Business Connect

The ASEAN Economic Community is nearing implementation, and with the free flow of investment set to mobilize M&A activities, investors, bankers, private equity firms, and other dealmakers are poised to capitalize on significant opportunities for investment. Intangible assets, in the form of intellectual property, play a vastly important role in such transactions, and must not be overlooked in M&A and joint ventures. 

To comment on these issues and more, Alan Adcock, partner and deputy director of intellectual property at Tilleke & Gibbins, will discuss the topic “Intellectual Property as a Key Element for Successful M&A and JV Transactions” at a conference titled Mergers & Acquisitions 2014, hosted by Asia Business Connect. Alan will discuss the following main subjects:

  • The importance and current approach of IP due diligence in Thailand
  • How to identify and value intangible assets
  • Key considerations on legal, technology, and strategies of IP assets
  • IP due diligence prior to commercial transactions
  • Case studies

Asia Business Connect is a leader in conference management, and provides training activities for major businesses in Thailand and in other countries throughout Asia. The conference will take place on November 20, 2014, at Centara Grand, CentralWorld, Bangkok. Alan’s talk will be held from 1.45 p.m. to 2.45 p.m. If you would like to learn more about this event, please visit the Asia Business Connect website.

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Chandavya Ing, an associate in the intellectual property group of Tilleke & Gibbins’ Phnom Penh office, coauthored an article titled “The Fate of Dependent Patents in Cambodia, Laos, Myanmar, Thailand, and Vietnam—A Comparison with the Situation in Germany and India” with Prof. Dr. Heinz Goddar, a patent attorney and partner in the Munich office of Boehmer & Boehmer. The article appeared in the September 2021 issue of les Nouvelles, the journal of the Licensing Executives Society International (LESI). Dependent patents are new patents that also rely on a previous one, such as when an invention builds on or adds new technology to a previous patented invention. This approach to securing commercial rights for progressive inventions is often seen in patent-heavy fields such as telecommunications and advanced technology. Commercializing a dependent patent without infringing the earlier patent (i.e., the one that it depends on) requires licensing from the holder of the earlier patent. If this proves unworkable, the dependent patent cannot go to market. While this may ensure that the original patent rights are upheld, such an impasse can also block innovation and progress. As the authors explain in the article, Germany and India (as well as other countries such as Russia and Taiwan) will enlist a state party in an effort to resolve any such situation that arises, often through a de-blocking mechanism such as a compulsory or non-voluntary license. The article then looks in detail at the de-blocking mechanisms and provisions in the legal and regulatory environment of various countries in Southeast Asia, before offering comparison to the situation in Germany and India. Overall, the authors conclude that a more active (but balanced) use of compulsory licensing—which already exists in many Southeast Asian countries but is not frequently employed outside of the pharmaceutical sector—might help clear patent-related obstacles
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