Supporting manufacturing in the South West 17 July 2013 Peter Foskett

“The people we work with at Withy King take the time to understand our business. They've been very flexible and pragmatic commercially as our needs have changed. I never feel like I'm on the clock with Withy King.” Withy King client

Contracts with suppliers and contractors – what are they delivering? Contracts with customers – manage risk, get paid Employee contracts – confidentiality, employee duties Intellectual property – identify and protect Legal issues

Manufacturer of audio and room management controls Bought company X because its products would be a good fit with the manufacturer’s Insufficient due diligence on the products and the IP and contract not detailed What IP had manufacturer obtained? What products? Not clear LESSON: proper contract, proper audit and diligence of what being acquired Case study 1

Manufacturer of home fragrances, established brand Wanted to diversify into perfume – different sector Filed trade mark applications including for perfume – challenged by a parfumier because of trade mark conflict on perfume LESSON: trade mark clearance searches avoid expensive mistakes Case study 2

Manufacturer of products that test flammability of petrochemicals Sub-contracted development of testing software. No contract Sub-contracted development of website. No contract Now on the back foot trying to get source code and IP LESSON: contracts before money changes hands Case study 3

Get in touch Withy King LLP 4-6 Newport Street Swindon SN1 3DX