INTELLECTUAL AND INDUSTRIAL PROPERTY: One of the most appreciated assets of the company and most unknown in turn.

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The Intellectual and Industrial Property is one of the most appreciated assets of the company. However, in some cases, because we are unaware of the advantages of their protection, we ignore activating said protection and establishing policies that guarantee the ownership of rights against competition.

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INTELLECTUAL AND INDUSTRIAL PROPERTY: One of the most appreciated assets of the company and most unknown in turn.

In our day to day, we are immersed in innumerable intangible elements that enjoy legal protection under Intellectual and Industrial Property (IP) Rights. From the coffee we drink in the morning, the design and brand of the clothes or footwear we wear, the transport we use, our mobile phone, the applications we download on it, the book or the series we enjoy before going to sleep. , carry behind an invention or authorship susceptible to protection. This legal protection through IP Rights, gives us the possibility of having a monopoly of ownership rights over them and designing a differentiated and more competitive exploitation and marketing mechanism among other products or services on the market.

IP is one of the most valued assets of the company. However, in some cases, because we are unaware of the advantages of their protection, we ignore activating said protection and establishing policies that guarantee the ownership of rights against competition. For this, it is advisable that companies have an internal comprehensive management model that promotes innovation and optimization of internal processes. With proper IP protection, companies will be able to exploit and market their products and services more competitively, being able to receive an economic benefit from IP.

To achieve this model in the company, I recommend developing an internal project that involves the following tasks or activities distributed in the following phases:

Diagnosis Phase:

• Due Diligence: Identification of the strategic products of the company and survey of the existing condition regarding IP. From the result of this Due Diligence, a report must be issued that responds to the following questions regarding each product that is the subject of the same: What are the IP rights used in the Company? What is its value? Who is the owner? Are they properly protected? Are Intellectual Property rights infringed? What is the action plan to follow?

• Business Secret Due Diligence: Evaluation of the measures implemented to date to keep the knowledge generated by the company secret.

Action Plan Phase:

• Preparation of an Action Plan to execute the recommendations associated with the Due Diligence reports.

• Development of a White Book: From the result of the Due Diligence, design and prepare a White Book for each identified product. The White Book will include the product registration (different versions from its origin to its most recent version), a description of its own technological components and those of third parties, the exploitation and commercialization model, description and degree of protection in IP matters.

• Definition of a strategic IP plan, aligned with the general strategy of the company.

• Creation of a corporate policy that includes the processes and the organizational, legal, physical and technical measures that must be implemented in the company, to protect IP, such as business secrecy. The internal policy must include the general principles of the company so that all employees understand the importance of protecting the IP or know-how that they may develop or have access within their own functions.

• Creation of an IP Management Committee whose purpose is to supervise, direct and define priorities for the Corporate Innovation units, including venture capital. Key decision making: strategic investment lines, relationship with startups, development of entrepreneurial initiatives for employees, development of specific HR policy, etc.

• Preparation of standard clauses for employees, clients, suppliers to protect IP and business secrecy.

• Registry of intangible assets. Accounting and tax valuation of intangible assets subject to valuation.

Training Phase:

• Training sessions on legal aspects for the protection and commercialization of IP; and corporate policy.

For the success of this model, I recommend that companies have internal advisors specialized in IP who lead the execution of this model and the daily management with the different departments of the company, especially with the areas of Innovation, Information Technology, Marketing and HR.

 

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