The success of Bondora Group’s online lending business depends, to a significant degree, upon its ability to protect software and other proprietary intellectual property rights. Bondora Group may be unable to deter misappropriation or other unauthorized use of its proprietary intellectual property or take appropriate steps to enforce its intellectual property rights. In addition, competitors could, without violating Bondora Group’s proprietary rights, develop technologies that are at least as good.
The failure to protect software and other proprietary intellectual property rights or develop technologies that are as good as those of rivals’ could put Bondora Group at a competitive disadvantage. Any such failures may have a material adverse effect on its business, financial condition, operational results or prospects, or cash flow. From time to time, Bondora Group has faced, and may face in future, allegations that it has infringed the trademark, copyright, patent or other intellectual property rights of third parties, including competitors and non-operating entities.
Patent and other intellectual property litigation can be protracted and expensive, and the results are difficult to predict. Should those alleging infringement prevail in a court of competent jurisdiction or other venue, Bondora Group could be prevented from offering certain products or product features; may be required to acquire licenses that are not available at a commercially reasonable price or at all; or may be required to modify products, product features, processes or websites while it seeks to develop non-infringing substitutes. Such developments may have a material adverse effect on Bondora Group’s business, financial condition, operational results or prospects, or cash flow.
Bondora Group has data security measures in place that are designed to deter the misappropriation of intellectual property; it also seeks to protect its rights through the legal system. The annual IT audit carried out by KPMG assesses potential software-related risks; any recommendations made as a result are implemented by Bondora Group.