Michael D. Moberly, Intangible Asset Strategist & Risk Specialist
‘A business intangible asset blog where attention span really matters.’
Business leadership and management teams are obliged to not squander their time debating whether, or not, their IP (intellectual property), proprietary information, and/or trade secrets are consistently at risk to theft, misappropriation, and/or infringement. They are! And there will always be varying levels of demand and/or markets for that information and data, i.e., forms of intellectual, structural, and relationship capital, i.e., innovative know how.
There are numerous reasons why those demands, and markets exist globally. Most are straightforward, i.e., the acquisition of and/or access to particular (targeted) IA’s (intangible assets), absent incurring the time and costs associated with independent R&D, etc., can provide a (business) competitor or geo-political adversary with competitive advantages, i.e.,
- to, among other things, neutralize or otherwise counter another’s competitive advantage, and
- by doing so, lessen – undermine the significance, competitiveness, and value of those assets for their legitimate originator and/or holder, irrespective of same being conventionally issued IP.
Yes, the rightful holder of those assets may have legal standing to pursue an infringer. However, the time + costs of doing so, i.e., litigation, come with various price points that inevitably manifest as brand and reputation risk which can adversely affect consumer interest, shifts, and market space.
Safeguarding business things intangible in advance, and at the outset, is, in my judgement, a fiduciary obligation.