Journal Article

IP in investment banking: IP in IPOs

Hidero Niioka

in Journal of Intellectual Property Law & Practice

Volume 3, issue 8, pages 521-523
Published in print August 2008 | ISSN: 1747-1532
Published online June 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn105
IP in investment banking: IP in IPOs

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Legal context

This article looks at current IPOs, convertible bond offerings, trends of the global market, etc. In the context of this capital market trend, important legal issues arise.

Key points

The cases discussed concern IP litigation, civil procedure law, securities law, securities exchange law, and corporate law.

Practical significance

The purpose of this article is to provide a quick overview of how IP law issues can impact upon securities law issues. The article has a high practical relevance for those advising all companies who want to raise funds around the world.

Keywords: IP can play a significant and critical role in various investment banking transactions.; When ‘going IPO’, the company needs to exercise extreme caution regarding their potential exposure to IP issues.; IP litigation can delay or hinder an IPO, which can negatively impact the ability to raise funds for the company on the public market, to make a significant impact on the valuation of the company.; Litigation or other legal actions can necessitate changing the timing of the company going public; inaccurate disclosure of IP issues within the prospectuses can lead to shareholder legal action based on lack of disclosure in the OM; IP litigation may be utilized by competitors to hinder the company from raising money on the public market; even frivolous filings of a complaint can prevent or postpone IPO; in order to avoid such setbacks, public-going companies should exercise the highest care when selecting their financial advisors and attorneys.

Journal Article.  1894 words. 

Subjects: Arbitration ; Intellectual Property Law

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