Michael D. Moberly July 10, 2017 email@example.com A business intangible asset blog where attention span really matters!
Thinking differently about why and how companies should safeguard their intangible assets…
1. First-of-all the rules of engagement have changed! The predatorial and legacy free global business intelligence and ‘open source’ data mining operations are often overlooked in IA safeguard – risk mitigation equations. To effectively safeguard proprietary IA’s, i.e., those contributing to company value, competitive advantage, and generating revenue, practices-procedures must reflect these global phenomena relative to their technological sophistication, predatorial elements, and winner-take-all outlook, while exercising caution about which, what, how, and when particular-IA’s enter the public domain.
2. Business’ initiatives, innovation, and transactions undertaken, and their outcomes, are no longer influenced solely by the development of physical-tangible assets, rather by the development, flow, and use of IA’s. Company – business value has literally shifted from collections of physical (tangible) assets to collections of ‘know how’ (IA’s) which are unique commodities for which sustaining control, use, ownership, and consistently monitoring value and mitigating risk are integral to business’ near-long term success, profitability, and sustainability.
3. It’s important to build an intangible asset safeguard – risk mitigation ‘culture’ to fit each business mission rather than try to frame that mission to reflect the safeguard measures may already be in place! An often, misunderstood aspect of the dominance of IA’s to business operability is that computer/IT security equates with IA safeguards and risk mitigation. Computer/IT security is better recognized as complimenting a comprehensive program for safeguarding IA’s in whatever format they exist, and for the duration of their value, competitive advantage, and materiality cycles’.
4. Safeguarding a company’s IA are most effective when practiced proactively and reflect the nanosecond development, flow, and accessibility to knowledge, know-how, and transaction strategy in which IA’s are inevitably in play. Safeguard practices should always be on the front end, to sustain control, use, ownership, and monitor asset value and materiality.
5. Think differently about past practices and conventions! Law associated with intellectual property enforcement, e.g., patents, trademarks, copyrights, trade secrets, etc., are largely reactive, not proactive, and typically apply after, and if, infringement, misappropriation, counterfeiting has occurred and come to the attention of the rightful owner (holder). So, holders of intangible assets and IP are dependent on their ability to be alert to…
• global risks to their business assets.
• recognizing their risk tolerance – threshold for economic –
competitive advantage hemorrhaging.
• their willingness and resources to aggressively pursue wrong doers.
6. Intangible asset safeguards must be flexible and maneuverable! Many information asset safeguard regimes-systems are static and/or one dimensional, e.g., remain constant throughout the life – value – competitive advantage cycle of the safeguarded assets and do not recognize or accommodate fluctuations in the assets contributory role, value, or materiality. Business intangible asset safeguards should be forward looking and possess the capability to monitor and make rapid adjustments to changes in an assets’ value, mission relevance, risk, and vulnerability.
7. Avoid ‘pushing the future off the table’! A forward-looking offense is the best defense for safeguarding businesses intangible assets. Each day companies are presented with urgent, near term challenges that create pressures to push the future off the table. One consequence of which is that disproportionate emphasis may be given to the constant chorus of sources which offer largely speculative, anecdotal, and worst-case scenario snap shots about particular risks and threats. While the potentially devastating consequences of these pronouncements should not be dismissed, neither should they serve as the sole or necessarily dominant rationale for the design and execution of IA safeguards.
8. Safeguarding businesses IA’s should also be about forging relationships with the assets’ originators, developers, users, and owners because, this is where and how to sustain control, use, ownership and value of business intangible assets.