Udskriftsikon
IP – Due diligence HR/IP 

It is of course best for a business to see to it on a day-to-day basis that all necessary measures are taken ‎and that all necessary agreements are entered into to ensure that the business has the best possible legal ‎position with respect to, among other things, the requirements applicable under labour and employment law ‎and in respect of intellectual property rights and the legal protection of trade secrets.‎

It is, however, one of Norrbom Vinding’s core competencies to assist businesses that, for one reason or ‎another, wish to stop and take a look at whether everything has been carried out in the best possible way. ‎In other words, we assist businesses wishing to carry out a “Due Diligence” in these areas. There may be ‎many reasons for wanting to do a “Due Diligence”. New management may, for instance, have a wish to ‎take a closer look at the business, or the business may need to be prepared for, or may already be ‎involved in, M&A activities. ‎

A “Due Diligence” should of course be adapted to the specific circumstances of the situation, but we ‎typically assist businesses by examining one or more of these questions:‎

  • Whether the terms and conditions in employees’ individual contracts are in compliance with the ‎applicable statutory requirements and whether they are generally “up-to-date”‎
  • Whether remuneration terms and incentive schemes are structured in the most efficient manner
  • Whether non-compete, non-solicitation and/or other terms and conditions are handled in the most ‎efficient manner
  • Ownership of relevant intellectual property rights and possible deficiencies in terms of registered ‎rights
  • The businesses’ legal position in terms of relevant licensing agreements, research and development ‎agreements and other relevant types of agreements

We also assist in designing and implementing measures that prove relevant on the basis of a “Due ‎Diligence”. For example, it may be relevant to draft and implement amendments to terms and conditions of ‎employment or to outline and implement certain HR policies (for instance relating to the extent to which ‎non-compete or non-solicitation clauses are to be used), or policies intended to ensure that intellectual ‎property rights are, among other things, identified, registered, exploited and enforced.‎

 
 
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