Sneak Preview: Mergers & Acquisitions in Mining Tech with Ivan Gustavino
In this sneak preview, Ax Legal’s Managing Partner Cody McFarlane speaks with Ivan Gustavino, Managing Director at Atrico, who has advised over 100 high-growth companies in mining, industrial tech, and software. With M&A activity heating up, Ivan breaks down what investors and buyers really look for in mining technology companies today.
Most business executives will agree that confidentiality agreements are a necessary tool to protect their intellectual property. What often is missed is whether they are being used properly. This starts with ensuring that each employee understand why we use them, when to use them, and how they should be used.
The solutions and technology being commercialized today are more complex than they were in the past which means there is a strong need for companies to ensure they are protecting their intellectual property when entering into contracts with clients.
We often find that when mining technology and services companies are reviewing a mining services contract, IP is merely a secondary consideration even though it should be an essential part of the contract. It is critcal for METS companies who are entering into contracts to understand how to protect their intellectual property.
One part of a distribution agreement that is often overlooked is how confidential information and intellectual property are managed throughout the relationship. A well drafted distribution agreement will ensure that the intellectual property is properly managed as to not put the company’s biggest asset at risk.
METS companies are investing large amounts of capital into new technologies so protecting these investments is critical. Intellectual property often takes a back seat to the commercial terms even though it should be an essential part of the contract review process.
Companies entering Latin America often bring valuable intellectual property (IP) with them and they need to understand how to protect it. This intellectual property is often the reason they are successful in their home country and it also the reason they look are able to grow into new markets.
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