ALAwards-0857_IP

Finalists: Aluko & Oyebode; Bowmans; MMC Africa Law; Webber Wentzel (highly commended).


ENSafrica snagged the IP Team of the Year award, for helping Tessara appraise the value of its intellectual property assets during its sale to a private equity firm.

ENSafrica's IP team had to put together a due diligence report on Tessara's IP (the company is the world leader in the manufacturing and sale of sulphur dioxide-generating sheets used in packaging fresh food), presenting information on registered and unregistered IP rights, but also outlining the basis for valuing Tessara's trade secrets. That meant being subjected to exhaustive interviews with Tessara's deal adviser team and each prospective buyer's deal teams and IP advisers, particularly around certain IP protection strategies related to older patents that had expired.

Because ENSafrica had advised Tessara on the development of its IP strategy over a number of years, including the protection of its international trademark and patent portfolios, the firm was in a unique position to manage the IP component of the due diligence process. ENSafrica says the deal underscored just how important it is for legal advisers to help clients build and protect a valuable IP portfolio.

"Any mistake on this transaction could have had a potential to jeopardise the sale – this was handled in a strategic manner, given what was at stake," a judge stated.

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