Michael D. Moberly – February 22, 2024 – Business Intangible Asset Strategist & Risk Mitigator – Founder, Business Intangible Asset Blog & kpstrat
Let’s be clear, there is no shortage of ways, circumstances, situations, motives, and unrecognized – unheeded risks which allow issued IP and/or proprietarily developed-held knowledge and knowhow to be vulnerable to theft-misappropriation-infringement. See ‘Safeguarding Intangible Assets’ https://kpstrat.com/books/
If-when any such vulnerability is exploited by (foreign) state-sponsored economic – competitive advantage adversaries, U.S. economic espionage law may apply. Justice Manual | 1122. Introduction to the Economic Espionage Act | United States Department of Justice
Let’s also be clear, there are many (variously) independent players and prospective beneficiaries globally that have various stakes in what, why, when, where, how, and which targets, i.e., developers, researchers, holders, etc., of particular knowledge and knowhow, are selected.
In these instances, targeting is likely to include relatively minute differentiations of what’s being sought, its stage of development, dual-use capability, and its transferability and translation to a competitive – market advantage.
In other words, the means – methods determined necessary to either (a.) be in proximity to, and/or (b.) access specific content, e.g., issued IP and/or proprietarily developed knowledge – know how to execute misappropriation, theft, and/or infringement, matters. Economic Espionage: Meaning, Methods, Criticisms (investopedia.com)
In situations which I am familiar, wherein theft – misappropriation of proprietarily developed – held knowledge and knowhow is safeguarded as well as how it may occur. Thus, it matters how same will-can be accessed-transferred-received, e.g., whole, or incomplete parts, to…
- accommodate a particular demand – need, and
- translate to a projected market advantage.
Those holding either issued IP and/or unique forms, contexts, or applications of proprietarily developed intellectual, structural, and relationship capital are encouraged to reflect on this post.
And, for these reasons, I especially encourage business leaders, innovators, entrepreneurs, management teams, researchers, boards, and investors, et al, to…
- not prematurely treat proprietarily developed-held-used intangible assets, R&D, and issued IP,
- as if neither holds value, nor advantage, whole, or in part, to someone, somewhere, sometime.
The unconvinced at minimum are encouraged to conduct asset specific Google searches (of the knowledge, knowhow, process, procedure). Frequently, this can allow holders – developers to ‘ball park’ determinations about which elements are in use – have been used, perhaps without awareness or remuneration. Hopefully, there may be reference or attribution to the originator, i.e., rightful holder.
This ‘research’ also represents a minimum obligation to be executed before any holder of once ‘valuable – mission essential intangible assets’ commences treating same in contexts other than proprietary, or trade secrecy. The Economic Espionage Act: Federal Protection For Corporate Trade Secrets | Oblon, McClelland, Maier & Neustadt, L.L.P. — Intellectual Property Law Firm Defending Trade Secrets Under the Economic Espionage Act (lexisnexis.com)
Such ‘research’ may also reveal unique – one-off – unforeseen opportunities that warrant exploration – consideration as legitimate entrées, proposals, etc., for buy, sell, license arrangements.
The insights – outcomes of such research often preclude the irreversible regrets of ‘giving valuable intangible assets away’ because safeguards were prematurely deemed no longer unnecessary. Economic Espionage and the Damage it Causes Companies – Grey Dynamics
Another benefit to such ‘research’ is to favorably alter asset holders’ convention-laden perceptions that scheduled durations of issued IP constitute sufficient deterrents (before expiration).
Seldom do the globally predatorial, aggressive, nefarious, and economics driven players that routinely engage in theft, misappropriation, infringement, and/or economic espionage, find themselves ‘deterrable’.
Leaving intangible assets (a.) w/o prudent safeguards, monitoring, and risk mitigation, and (b.) presuming (general) deterrents stemming from issued IP are (standalone) sufficient, is likely to be viewed as unforgivably careless. Stone v. Ritter and the Expanding Duty of Loyalty (umn.edu)
Consequently, developers – holders of issued IP and other mission essential – proprietary intangible assets, e.g., various forms, contexts, and applications of intellectual and/or structural capital, are (fiduciarily) obliged to…
- recognize there is no shortage of independent players, e.g., instigators, traders, and beneficiaries participating – competing in the (global) same arenas of economic espionage and misappropriation of proprietary knowhow, processes, and procedures. Stone v. Ritter Case Brief for Law School · LSData
Doing either is probably the quickest – least expensive path to market competitiveness.
Asset developers – holders are especially obliged to avoid presuming that state sponsored ‘economic – R&D intelligence collection’ is only, or primarily focused on defense – national security stuff. Doing otherwise, represents an uniformed perspective.
Both foreign-state sponsored and independent (global) players in economic espionage and its variants, also seek-pursue familiarity with – access to…
- how Kellogg’s manufactures ‘sugar frosted flakes.’
- which university professors are funded for what research, and
- most anything with ‘dual use’ applications. economic espionage can be committed by – Search (bing.com)
Posts @ Business Intangible Asset Blog present various business economic – operational realities for the attention of business leaders, entrepreneurs, R&D administrators, management teams, boards, and investors across sectors.
The Business Intangible Asset Blog was created in 2006 and now includes 1200+ topic-specific posts. Each post is 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), and 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
