Commercial, Sourcing and Technology

Effective contracts are critical

Almost every aspect of business involves commercial contracts - with your suppliers, your customers, and your business partners. Drafting and negotiating contracts can be complex and challenging, and a lot depends on getting it right. Working alongside PwC’s tax and advisory specialists, we provide a unique, integrated style of legal advice for your commercial project – whether that be sourcing and procurement, new business ventures or alliances, or technology related services and licensing.

Our offerings

Our team of commercial contract experts will accompany you throughout the contract lifecycle, from the strategic structuring of transactions, drafting and negotiation, to amending contracts as part of an operational transformation, managing disputes and termination and exit strategies.

Digitalisation and the technology revolution are driving changes that expose businesses to increased legal risk, such as security, data and privacy concerns which stem from the use of cloud services or the adoption of new digital platforms. We advise on all aspects of IT contracts including outsourcing, cloud services, system implementation, software development and licensing arrangements.

Intellectual property (IP)

In today’s highly competitive economic environment, effective management of intellectual property rights can be complex and challenging, due to the lack of harmonisation of national regulations, the variety of protection systems, the technical character of registration procedures and the varying maintenance formalities and national use requirements. New challenges, triggered by the digital economy and globalisation, include additional tax compliance obligations and increasing threats of infringement and unfair competition.

PwC has a team of intellectual property experts providing a comprehensive and holistic range of services to support you in the management of your intellectual property. We work closely with PwC’s tax and advisory specialists to identify, value, structure, protect, manage, and optimise your intellectual property from a legal and tax perspective.  

What we do for clients

Commercial affairs

  • Drafting and negotiating all types of commercial contracts
  • Helping you transact in an international environment
  • Identifying and mitigating the most significant risks and issues

Technology

  • Software licensing and development
  • IT-related service contracts, including data hosting, data centre facilities, SaaS, IaaS and PaaS models
  • IT systems and business process outsourcing
  • M&A related activities (transitional IT services, cross-licensing and technology transfer)

Contracts for Transfer Pricing

  • Reflecting the spirit of your organisation’s TP policy in legal terms
  • Advising on legal issues related to TP, including flow of goods or services, title and ownership issues 

Contract management

  • Assisting with the creation and roll-out of policies, templates and play-books 
  • Helping you design and implement technology solutions to support contract management, control workflow and increase efficiency

Audit of IP portfolios

  • IP inventory and rights classification
  • Trademark and domain name valuation
  • Identifying weaknesses in, and proposing actions to remediate, existing IP protection
  • Designating a trademark protection system and establishing IP strategies

Trade mark portfolio management

  • Cross-border trade mark and domain name registrations and renewals
  • Worldwide trade mark watching service
  • Short and long-term enforcement strategies
  • Conducting negotiations aimed at reinforcing IP rights on the basis of co-existence and prior-rights agreements
  • Cease and desist actions
  • Filing oppositions and cancellation actions

Commercialising IP rights

  • Advising on, drafting and negotiating IP-related aspects of commercial agreements
  • IP assignment and licensing 

IP re-structuring and tax optimisation

  • Identification and management of tax issues
  • Aligning IP ownership with group tax strategy

Legal advice related to IP

  • Helping you to identify risks such as litigation, revenue leakage and commercial exposure/reputational damage
  • Legal advice on issues including joint development, ownership, exploitation and licensing of IP
  • IP due diligence and verification to support M&A and other commercial activities 

IP - crucial for business in the digital economy

In the digital era effective management of IP rights can be complex for companies facing a more global and competitive economy.
Read more about our services
 

Contracts need not be long and complicated, but they do need to be in place and be rock-solid.

Daniela Reinhardt Tax and Legal Services PwC

Contact us

Daniela Reinhardt

Director PwC Legal, PwC Switzerland