Michael D. Moberly – March 5, 2024 – Business Intangible Asset Strategist & Risk Mitigator – Founder, Business Intangible Asset Blog & kpstrat

Most businesses today are intangible asset intensive, dependent, and reliant.

This translates to the economic – operational universality that most businesses, irrespective of size, stage, sector, or location, their valuation, revenue generation capabilities, competitiveness, and wealth creation potential are increasingly dependent on the contributory roles of intangible (non-physical) assets.

For these reasons, the management, stewardship, safeguards, and risk mitigation directed to the development of (proprietary) intangible assets, especially those designated mission essential, should be considered (fiduciary) obligations. See Stone v Ritter Implications – kpstrat

This entails achieving sufficient operational familiarity with business things intangible to…

consistently develop the right intangible assets, in the right way, at the right cost, introduce same at the right time, and endeavor to hold all proprietarily with the appropriate safeguards and risk mitigation in place.

That’s because intangible assets are non-physical, attractive externally, generally non-renewable, and seldom recoupable (intact) if-when compromised.

And because the economic benefits – competitive advantages produced (by a business’s intangible assets) are often publicly exhibited via operating culture. As such, they are often targeted and vulnerable to (nefarious) misappropriation-transfer elsewhere, ala copying – replication without remuneration. IP Theft: What Bad Actors Want – Seek Most… – kpstrat

If when (internal – external) risks and/or compromises materialize, the developers – holders of a business’s mission essential intangible assets, are likely to experience various levels of economic – competitive advantage hemorrhaging that commence rapidly and irreversibly, e.g., Engineer accused of stealing Google’s AI secrets for Chinese startup – POLITICO

So, why is it that…

1. Many will likely know when our desk stapler goes missing, but may be clueless about the origins of business’s mission essential intangible assets, i.e., who, when, where, and how they were developed, applied, and the various ways they distinctively and favorably influence the attractivity, competitiveness, and valuation of particular-products, services, reputation, and valuation…
2. Some of us may entrust – share proprietary content embedded in business’s ‘mission essential’ intangible assets and/or IP with individuals we meet, or say hi, goodbye, and thanks to, absent prudent safeguards…
3. Developers – holders of IP and/or proprietary ‘mission essential’ intangible assets will initially appreciate the real value and competitiveness of misappropriated – infringed proprietary know how and/or IP, upon asking legal counsel what their fees are to bring civil-criminal action against those we allege engaged in misappropriation…

   So, if we assume…

1.Our business’s most valuable – distinctive knowhow, processes, and procedures (ala components to mission essential intangible assets) are sufficiently safeguarded by non-disclosure agreements, non-competes, or mere trust, holders are obliged to…

• listen to conversations in hotel lobbies, or airport lounges.
• examine online resumes, or merely,
• glance at the screen of the person seated next to you at Starbucks…

2. The innovative and proprietary constructs most businesses rely, are adequately safeguarded because IP has been issued, it’s time to learn the realities of

• state – corporate sponsored economic espionage,
• global data mining,
• business intelligence collection,
• information brokering operations,
• the difference between general vs. specific deterrents, or
• we could merely click on ______to probably see our R&D being discussed and presented in counterfeit form somewhere.

3. No competitor business (regionally, nationally, globally) would be interested in our strategic planning, client lists, and launch -pricing strategies, etc.,

• why did the U.S. distinguish economic espionage in the US Criminal Code Justice Manual | 1122. Introduction to the Economic Espionage Act | United States Department of Justice
• why are there university courses in the U.S. and Canada, and seminars routinely conducted globally, to train people in the art – science of collecting, analyzing, and brokering economic – competitor intelligence on demand and/or at will.

Unfortunately, essential components that underlies and are necessary for effective business management, frequently disregard intangible asset elements of business economics and operation, i.e., they go unnoticed or are wholly overlooked.

Managing businesses today, and for the foreseeable future, is obliged to include operational familiarity with business things intangible across business sectors, size, or stages of development.

When operational familiarity with business’s intangible assets is minimized, marginalized, or dismissed, doing so contributes to elevating asset vulnerability to arrays of persistent, predatory, and nefarious risks. When such risks materialize, the challenges which follow frequently warrant immediate and specialized attention.

Unfortunately, business management training still (appears) to largely treat this art and science as one-size-fits-all subjects addressable via familiarity with – accessibility to particular-defensive technologies ex post facto.

Perspectives such as this leave little inclination for business management training to…

• include familiarity with business things intangible.
• differentiate the management of ‘mission essential’ intangible assets.
• incorporate safeguards and risk mitigation necessary and obligatory today, and relevant for the foreseeable future.

No surprise here, I am a proponent of preparing and training (business) leadership, management teams, boards, and investors about all business things intangible.

Readers are invited to examine ‘Safeguarding Intangible Assets’ a book I authored at https://kpstrat.com/books/ 

Posts @ Business Intangible Asset Blog present various business economic – operational realities. Each warrants the attention of business leaders, entrepreneurs, R&D administrators, management teams, boards, and investors across sectors. Mitigating (reacting, responding to) the often ‘public – viral’ risks and challenges which produce reputational risks, are obligations with little room or time for equivocation or error.

The Business Intangible Asset Blog was created in 2006 and now includes 1200+ topic-specific- long form posts. Posts are intended to provide readers with unique and reliable insights on current matters related to – affecting business things intangible.

Posts at Business Intangible Asset Blog are developed – written solely by Mr. Moberly (not AI). Posts are intended to draw readers attention to the development, application, management, safeguards, and risk mitigation obligations necessary today for business’s ‘mission essential’ intangible assets.

Readers are also invited to explore other posts, along with books and papers available @ ‘Home – kpstrat