Patents are widely presumed, naively so, to be the strongest form of IP protection. But, in today’s hyper-competitive, predatorial, and winner-take-all global business environment, that presumed strength is routinely undermined.
Business Reputation Risk & Mitigation
A key to successful venture capital initiatives is balancing attention to given to putting in place experienced management teams with ensuring control, use, ownership, and value of the invested IP and intangible assets is sustainable.
With such significant percentages of deal-transaction value lying in a targets’ intangible assets, due diligence must be much more than cursory or confirmatory review of the presence, absence, and/or position of particular assets, i.e., intangibles or intellectual property!
Intangible asset assessments should not rigidly adhere to any preconceived or generic templats, rather an assessment should include protocols that are sufficiently flexible to reflect a company’s nuanced circumstances and formats in which its intangibles’ exist.