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Category Archives: IP Transactions

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Joint Development and Collaboration Agreements: Your Go-To Guide

Protecting your intellectual property is a challenge, especially when entering into a joint development agreement, or “JDA”. When two or more organizations want to work together to develop or enhance their products, combine or integrate their technologies, or jointly commercialize a new product, they have many choices for documenting their relationship. If the collaboration is

Doing business in the United States: IP in the mix

The United States is one of the easiest jurisdictions in the world in which to do business, however there are certain barriers to entry and challenges to doing business that should be taken into account before investing or establishing operations in the United States. Our Doing business in the United States 2019 publication provides an overview

UK: IP tax diversion compliance – time to review your IP transfer pricing structure

The UK tax authority (HMRC) has announced a new Profits Diversion Compliance Facility (PDCF), as part of its efforts to ensure that multinationals do not use artificial arrangements to divert profit to lower tax jurisdictions. This gives multinationals a window to take the initiative and explain their legal and operational structures before HMRC launch their

Deal Dynamics: Q4 2018 cross-border M&A insights

Our Q4 2018 Deal Dynamics cross-border M&A data set is available through our interactive heatmap. Deal Dynamics is a powerful, global M&A tracking tool created in partnership with Mergermarket, combining interactive quarterly deal data by markets and sectors with exclusive insights on cross-border M&A. Market insights, not just data: Against a backdrop of growing socio-political tensions, cross-border

UK Treasury to get a grip on public sector IP

Just before Christmas the UK government announced the launch of a study looking at how the public sector’s strong record of developing valuable technology can benefit as many people as possible. This is the government’s first step in taking forward the plans set out in its October 2018 report – “Getting smart about intellectual property

Big deals, big ideas, and big challenges spur TMT activity

This interview with Peter Watts takes a look into how intense innovation, diverse deal structures, and political protectionism are changing the face of M&A in the technology, media, and telecommunications space. Peter focusses on the following questions: What are the main drivers for cross-border deals at the moment? What do you think has been the most interesting

Deal Dynamics: Headwinds make little impression on cross-border deal dynamics

For those operating in the TMT sector, the pace of change in technology and in business models seems only to be matched by the pace with which regulators rush to keep up. It can sometimes feel like decisions in Beijing, Brussels, London and Washington, to name but a few, are creating unbeatable headwinds for those looking

Deal Dynamics: New cross-border M&A data tool launched

Hogan Lovells has just launched a powerful new global cross-border M&A tool, in partnership with Mergermarket. Deal Dynamics combines interactive deal data by markets and sectors with exclusive editorial content to provide insights on cross-border M&A. Diversified Industrials, Energy, Real Estate, and TMT sectors drive the M&A market in Q3 2018, according to new data from Hogan

U.S.: Innovation Lounge networking event, October 17

Join us on October 17 for our Hogan Lovells Innovation Lounge, a networking event in our Washington, D.C. office aimed for associate-level attorneys and professionals with an interest in tech. Catch up with old friends and make new connections as a panel of industry disruptors discuss their cutting-edge technologies and the legal issues that arise in development and commercialization. Hors d’oeuvres

Monetizing IP in your M&A transactions: Hong Kong-Shanghai-Beijing seminars

Our international tax, corporate and intellectual property partners will hold seminars in Hong Kong (3 Sept.), Shanghai (4 Sept.) and Beijing (5 Sept.), with lively discussion on the monetization of your intellectual property (IP) in the context of M&A transactions. While IP makes up a high percentage of Enterprise Value (if not the majority in some industries!), it

Vietnam: Mandatory technology transfer registration – Why, what, who, where and how?

Why? Under the previous practice, except for certain types of technologies restricted from transferring, a technology transfer agreement was valid regardless of whether it had been registered with the competent authority.  In other words, registration of technology transfer was optional – it was not an obligation of the parties involved in technology transfer. The new

TMT China Brief – Summer 2018

Welcome to our first issue of TMT China Brief in 2018! This edition features a total of 14 articles which capture various significant TMT developments in Greater China. These developments cover an extraordinary breadth of topics and demonstrate a strong increase in the nuance and complexity of TMT law and practice in the region. Cybersecurity

Hogan Lovells IP on the team in SABIC’s joint venture with ExxonMobil

As members of a cross-office, cross-practice team, Jeff Whittle, Taylor Evans and Polly Sims advised global diversified chemicals manufacturer SABIC on the IP aspects of its recently announced joint venture with ExxonMobil to advance development of the Gulf Coast Growth Ventures project, an ethane cracker – the largest of its type – currently planned for construction in San Patricio

Blockchain podcast interview: “The taxman cometh” to cryptocurrency transactions

Ted Mlynar and Ira Schaefer from our Blockchain-Smart Contract IPMT Working Group return to the Fordham Intellectual Property, Media & Entertainment Law Journal podcast series following their first episode in November 2017. Ted and Ira open this podcast with a brief account of Bitcoin’s background and give an overview of the current cryptocurrency landscape. They go on to discuss the following

Europe: Blockchain – The virtual currency Bitcoin

In this series of blog posts, we take a look at the current state of play regarding blockchain technology as well as the legal setting with a European and German focus. Whoever thinks of blockchain also has inevitably bitcoins in mind. The Internet currency is largely based on the blockchain technology and it is therefore one of the most obvious

Asia IP Splash seminars: Making transactions work – What every company needs to know about IP

Intellectual property (IP) values are soaring and often make up a high percentage of Enterprise Value (in some industry the majority). IP issues have a significant impact on business strategies. Many commercial transactions have underlying IP considerations, including economic vs. legal ownership, centralisation, effective provisions in licenses and assignments to protect brand equity, the vital

IP is at the heart of life sciences innovation

In recent years, technology and innovation has advanced at an unprecedented pace. Flying taxi drones, self-driving cars and 3D-printers immediately come to mind. However, exciting progress has been made in life sciences and the healthcare sector as well. With CRISPR, bionic limbs and 3D-printed tissue, the medical sector has never been closer to eliminating disease

US: Amazon wins tax dispute over cross-border IP transfer, but favorable tax treatment may no longer be available

Earlier this year in Amazon v. Commissioner, 148 T.C. No. 8 (March 23, 2017), the U.S. Tax Court issued a 207-page decision largely upholding Amazon’s tax treatment of an intellectual property transfer in 2005 and 2006 from the U.S. to a related European corporation. Contesting Amazon’s valuation of the transferred intangibles, the Internal Revenue Service

German tax treatment of royalties regarding software license and database licenses

– Draft guidance of German Federal Ministry of Finance released for discussion purposes Yesterday the German Federal Ministry of Finance (Bundesfinanzministerium) released a draft circular on the German tax treatment of royalties paid for software and database licenses granted by non-resident licensors (the draft can be found here). The draft is highly important to clients

Hogan Lovells strengthens global M&A and technology transactions practice with market-leading Northern California team of Climan, Flaum, Ross, and Brockland

We are delighted to welcome market-leading M&A partners Richard Climan, Keith Flaum, and Jane Ross, and IP and Technology Transactions partner John Brockland, who have joined Hogan Lovells. John Brockland focuses on strategic and commercial transactions involving the development, transfer, and licensing of technology and intellectual property assets. He has represented companies in a variety of

Brexit webinar – What’s next for Life Sciences companies?

With the UK Government having issued its Article 50 notice, we are holding a webinar to further analyse the implications for the life sciences sector of the momentous decision that the UK has made to leave the EU. On 3 April 12:00 pm BST and 5 April 4:00 pm BST, our Life Sciences lawyers Charles Brasted, Elisabethann Wright, Fabien Roy, Helen Kimberley

US: Proposed “Border Adjustment Tax” could kill foreign IP holding companies

With President Trump in the White House and a Republican majority in both the House and Senate, tax reform is once again high on the agenda.  Several weeks ago, President Trump promised “a tax reform bill that will reduce our trade deficits, increase American exports, and will generate revenue from Mexico that will pay for

IP in the mix: M&A Year in Review, 2016

Around the globe and across a wide variety of industry sectors, our IP practice collaborated with our corporate and other practice areas of our firm to provide integrated legal services for our clients and friends on exciting, challenging, and innovative M&A transactions, and shared many successes throughout 2016. We are grateful that these transactions propelled us as a