My company will merge with another company, in fact they will literally buy our. But my company has a few IP patents. If we merge, how will that affect the ownership of these patents?
SB Law appreciate your interest in our legael consultant services. Regarding your question, we would like to advise you as follows:
According to Vietnam Law on Enterprises, article 195: One or some companies may be merged into another company by transferring all assets, legitimate rights, obligations, and interests to the acquirer. Hence, in case of mergers, all of your company properties, rights and obligations are transferred to the new owner. These patents will be treated like other assets.
The problems that need to be concerned is as follows: are these patents are worth to buy? The owners will need to decide which kind of property should they buy from your company. I think if these patents are truly valuable to them, they would certainly buy it. Or perhaps, these patents are not of interest to the buyer at all. It totally depends on your opinion as well as your agreements with the other party.
Good luck in your business !