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Introduction

This overview should help the reader understand the elements for consideration of a comprehensive intellectual Assets policy. Any policy should focus on the processes to be employed. This guide is an extension of the 867 Framework. Intellectual Assets are the entire spectrum of intellectual property and include assets classified as public domain, copyright, trademark, patent, proprietary information, and trade secrets. 

Strategy:

An Intellectual Assets strategy is a framework for making decisions about how you will play the game of intellectual property development using all your intellectual assets that include public domain, copyright permission assets as well as your own creative writing and coding assets and your brand assets, your patents and finally, your proprietary information and trade secrets. The IP strategy should of course be in alignment with the business strategy.

IP Strategy Framework:

When creating your IP strategy, a strategic framework can be of great assistance, as it gives some structure to a concept that is often misunderstood and/or overlooked. A strategic framework serves to provide structure to this type of long-term planning. We suggest using the following 12-point IP strategy framework.

  1. Awareness & education to educate owners, employers, stakeholders, and supply chain members about different classes of intellectual assets and their proper use. Education begins with governing oversight boards and runs throughout the organization at every level. 
  2. People (skills, motivation, roles & responsibilities)
  3. Processes (IA creation, IA risk management, IA portfolio management, IA enforcement, IA exploitation)
  4. Portfolio of IP assets (Registered Assets [patents, trademarks, designs, copyright, domain names], Unregistered Assets [trade secrets, social media handles, licenses, client and supplier lists, etc.])
  5. IA Risks (IA risks, IA risk management, IA risk mitigation, etc.)
  6. Policies (Intellectual Assets, Open Source Software, Inventor reward & recognition, Spin-outs, etc.)Technology (IA systems, IA tools, IA data, IA data analytics, etc.)
  7. Third-party support (IA Law Firms, IA Service & Solution Providers, IA middlemen, etc.) When and why third-party support parties are used and their impact on your IA.
  8. Enforcement of IA rights for both registered and unregistered assets-knowing your rights for use and defense of all asset types. The rights of each class of IA vary widely. Knowing the guidelines for each class is important for everyone.
  9. IA Utilization / IA Exploitation through licensing is the primary method for measuring the direct value of any IA. How varied licensing and disclosure limitation methods are used to protect different classes of IA.
  10. IA use models (where a model represents the relationship with other stakeholders and entities from an IA perspective.) These models may vary based on the relationship with parties, the class, and maturity of the IA,  
  11. Relative IA maturity & sophistication using a definitive scale that ranks relative value and risk from an IA perspective, control of IA, IA provisions in Agreements, etc

Use of a conforming maturity model that allows for the varied application of a policy depending on the class and maturity of an IA. Maturity is based on the maturity and sophistication of each party and the level of definition and level of management of any asset

  1. IP Governance is the use and control structures used for decision-making policy, metrics for use and value creation, budgets for creating and maintaining assets, key stakeholders disclosure and uses agreements and licenses, etc.)

Notice awareness & education and governance are the bookends of the framework, keeping everything else in between in order. Without awareness use and proper governance, any policy would not be complete. The bookends are the responsibility of the daily operations staff, executive management, and executive oversight. The executive oversight board should hold executive management accountable for the daily execution of any adopted policy and understand the central impact of IA’s on the organization.

The Result:

An Intellectual Assets strategy can be defined in either a single page of several paragraphs or be written as a set of strategic policy documents. Regardless of how long or short, your strategy is it should result in an effective policy that everyone in the organization can use to help govern and use any Intellectual Asset. The completeness and level of comprehensiveness reflect the maturity of any policy. Maturity needs to match the needs of the organization and the inherent risk to the organization and its assets.

One fundamental question about an IA strategy is, where's the balance between simplicity and complexity? On the one hand, you want the IA strategy to be easy to understand, communicate and provide clear direction to every level of an organization and key stakeholders. On the other hand, you want it to address everything that an organization might need it to do. Do not feel you have to get this right the first time. This policy document should mature with your organization and have an annual review as a key business asset. In this instance, it is more important to act, than do nothing because you don’t think it will be adequate. 

This short overview should help you focus on leveraging an Intellectual Assets framework when establishing a robust strategy for the creation, management, and implementation of Intellectual Assets for your company.

Other Resources

See the articles “Basic Policies for Intellectual Assets” as well as “Application of 867 Framework in Daily Life-Basic” published by the 867 Foundation for more insight. For IA ranking refer to the “EONA IA Rating Scoresheet” that helps to provide a rating scale for risk, value, and protection of any IA class (All are available on the Amteah Group site @ Resources). 

Contact Amteah Group for help with implementation programs for IA policy, implementation, and deployment. 

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This paper is used with permission from the 867 Foundation, Inc. A non-profit organization created to advance the 867 Framework that outlines the use and management protocols for intangible assets so they can become recognized as unique and identifiable, tradable assets. This document is presented as an educational resource. It does not constitute legal, or financial advice. Consult your legal and/or financial advisors for your individual situation.  

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