Michael D. Moberly – Business Intangible Asset Strategist and Risk Mitigator – November 11, 2023 – Part II
This post expands previous discussion @ Business Intangible Asset Blog regarding business -university reaction statements to IP theft.
Business-university reaction statements to IP theft are increasing in importance for various reasons. One being, R&D endeavors-projects can develop and emerge with potentially global application, relevance, and benefit, aspects of which may not have been initially recognized or appreciated.
Business-university reaction statements to IP theft are obliged to recognize, (preferably, in advance) that misappropriation – infringement of ‘mission essential’ IP can materialize in various non-descript ways and with nuanced variations to fit a circumstance, demand, and/or timeline of a single culprit, assemblage of culprits, and their advocates or sponsors, locally, nationally, or internationally.
Business-university reaction statements to IP theft should be prudent insofar as characterizing any suspicions involving who, when, where, how, or why. Act(s) of misappropriation generally evolve – execute over periods of time, and may execute in stages of accessibility, proximity, or in concert with addressing particularly challenging aspects of the research.
Business-university reaction statements to IP theft are best conveyed in diplomatic – tactful contexts, because…
- some R&D endeavors emerge – progress with potential applications, relevance, and benefits beyond initial thoughts and yet to be fully explored.
- development – research fruition materializes – advances over periods of time as collaborations of effort and repetition of testing, examining, calculating, assessing, and refining of inputs, involving individuals at various levels, in numerous locations can converge.
- each contributor to research knows – holds elements of proprietary insight and application which likely have a bearing on the outcome.
Business-university reaction statements to IP theft which convey an ‘un-mindfulness’ of either, can, inadvertently illuminate internal debates and/or discords – debates of principals, collaborators, and contributors. Exposure of which can undermine the research projects’ operating culture and collaborative resiliency and complicate possible avenues of project recoup-ability and salvage-ability being considered by inviting – attracting commentary.
Business-university reaction statements to IP theft should recognize academic researchers’ familiarity with – watchfulness of plagiarism, plagiarists, and its variations, e.g., others taking undeserved, specious, and gratuitous liberties with published works, absent attribution.
Business-university reaction statements to IP theft should not characterize the materialization – execution of misappropriation – infringement of ‘mission essential’ R&D as being comparable to (a.) ‘smash and grab’ acts of retail theft (shoplifting), or (b.) residential burglary wherein occupants’ computers, jewelry, and other possessions are stolen based on location, convenience, accessibility, demand for – sell-ability of the stolen property, and a 90+% probability of ‘not getting caught’.
Business-university reaction statements to IP theft are obliged to initially address…
- only the elements – circumstances which are factually known at the time.
- referenceable open-source descriptions of the R&D project and its stage of development.
- referenceable open-source descriptions of relevant findings of the research to date.
- predictable benefits – beneficiaries of the research project as described in referenceable open sources, w/o estimations of valuation.
- how-why the issuance of IP for elements of this research was deemed relevant, ala a patent or trade secrecy.
- actions – options the IP holder, administrator, and/or funder may be considering.
Additional posts on this topic are being developed – will be posted soon. Readers are invited to review and comment.
Each post @ ‘Business Intangible Asset Blog’ is experientially researched, authored, and produced by Michael D. Moberly, principle-founder of kpstrat, to provide readers with reliable perspectives and nuanced insights to business things intangible as a business intangible asset strategist and risk mitigator.