25.1.2018

Assessing the Value of IP Always Pays Dividends in M&A

An M&A deal is always exciting for both the buyer and seller. For some companies, it is a once-in-a-lifetime experience, while others may go through numerous transactions over the course of their lifecycle.

As a prospective buyer, you should always make sure that the target company’s intellectual property is included in the scope of the due diligence review. IP due diligence is particularly important when the buyer is not familiar with the market or industry of the target company. A proper review will enable you to make an informed decision, as the value of IP could have a major impact on the valuation of the entire target.

Financiers also tend to be very interested in whether the company they are funding can mitigate the risks and avoid business interruptions that could be caused by, for example, a missing licence or a competitor’s infringement claim.

To help you avoid some of the worst IP pitfalls, we have put together a list of six key issues for a buyer to focus on when preparing a deal.

1. What IP Does the Target Company Have?

2. Is the Target Company’s IP Sufficiently Protected?

3. Who Owns the Target Company’s IP?

4. Has the Transfer of IP Been Sufficiently Secured?

5. Is the Target Company Infringing Any IP?

6. Does the Target Company Use Open Source in Its Products?

Answering these questions will help you form a good picture of the risks related to your target company’s IP. When you know exactly what you are buying, what the target company’s IP portfolio contains and what the strengths and weaknesses of its IP protection are, you will have a solid base of information to bring with you to the negotiating table. 

Latest references

We advised Nala Renewables on the Finnish law aspects of the development, acquisition and financing of its battery energy storage system (BESS) project in Vuolijoki, Finland. The project comprises a 125 MW / 250 MWh battery energy storage system. Our advice extended beyond financing to the transaction’s legal due diligence and the acquisition of the project company. We also advised on key project contracts and financing documentation for the project finance facilities provided by Coöperatieve Rabobank U.A. The project is part of Nala Renewables’ growing portfolio of battery storage assets in Finland and the wider Nordic region, supporting the integration of renewable energy and contributing to the flexibility and stability of the Finnish electricity grid.
Case published 3.11.2026
We advised Foundation Clinic in connection with its funding round backed by a group of prominent Finnish technology entrepreneurs and investors, including founders behind Supercell and Wolt. Foundation Clinic is a Finnish healthcare company developing a new approach to private healthcare focused on preventive, data-driven and continuous care. The company aims to combine comprehensive health data with ongoing medical care to identify and address health risks at an early stage.
Case published 29.10.2026
We advised Delta Capacity AG in a project financing of two battery energy storage systems (BESS). The financed projects are among the largest BESS developments in Finland to enter construction with 250 MW / 600 MWh combined capacity. The financing was provided by Société Générale with support from Finnvera. Construction of both projects, located in Lapinlahti and Teuva, has already begun and the commercial operations are targeted to commence in late 2027 with partial tolling agreements already in place for both assets. The project in Lapinlahti is executed in partnership with Covenergo, while the project in Teuva is executed in partnership with Strioga Family Foundation. Delta Capacity is a Swiss developer of utility-scale battery storage systems. The projects strengthen Delta Capacity’s growing Nordic portfolio and support the flexibility of Finland’s electricity system by adding energy storage capacity, enabling production optimization as well as participation in electricity markets and reserve services.
Case published 28.10.2026
We acted as legal adviser to Martela Corporation in its directed share issue, through which Martela raised gross proceeds of approximately EUR 7.2 million to strengthen the company’s financial position and liquidity and to create headroom for continuing the necessary development and efficiency measures. In connection with the directed share issue, Martela’s unlisted series K shares, which carried greater voting rights, were combined with its listed series A shares. Following the combination, the company has only one share series, which is traded on the regulated market maintained by Nasdaq Helsinki Ltd, with each share carrying one vote and otherwise identical rights. Martela is a Nordic leader specialising in user-centric working and learning environments. With over 80 years of experience, Martela creates the best places to work and offers its customers the Martela Lifecycle solutions which combine furniture and related services into a seamless whole.
Case published 27.10.2026