Startups how to prevent hostile takeover

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    Jianping Gu

    When a startup holds certain technology (IP), how to prevent industry value chain giant hostile takeover?

    Jianping Gu

    Thank you so much for your offer. However, I prefer do it by myself. Cheers

    Andrea Chiu

    @Jianping Gu, I’m not sure what you are asking in your question, because hostile takeover of a business doesn’t necessarily equate to loss of IP as IP rights like patents and trade marks are legal rights. So even if there is a hostile takeover of a business, you’d still need to go through the process of assigning IP rights owned by the target to the acquiring entity, and this can get messy in a hostile situation. In the case of IP rights that are registered with the IP offices of certain countries, you’d need to work with IP agents/professionals to record the change in IP ownership. For unregistrable IP such as trade secrets and copyright (in most countries), this is done contractually. I guess if your plan is to prevent hostile takeover, then you either refuse to cooperate with the assignments, or find a way to make the IP redundant (which would be a waste). Hope this helps.

    Gretchen Asher

    I’m certainly not an expert on this topic but there may be a few things that a company can do:
    1. File for patents to protect their IP.
    2. Limit trade secrets disclosure to only a select few people.
    3. Or…if it is indeed a hostile take-over there is always the attempt to prevent the takeover by employing a poison pill

Viewing 4 posts - 1 through 4 (of 4 total)
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