How to strategically manage intellectual property within an enterprise?

by Anna Smagowicz-Tokarz

23 January 2023

Trademarks, inventions, copyrights within an enterprise, also those produced by that enterprise, create a large pool of assets. Thanks to them, the enterprise may build its market position. Effective management of such assets should lead to an appropriate level of their protection and ensure that they are utilised for economic purposes.

In multi-tier corporate structures involving both companies and partnerships, implementing a uniform intellectual property strategy is not only a compliance task to be handled by management, but also the key to achieving a competitive advantage.

Intellectual property management strategy

An intellectual property strategy should have the following elements:

be coherent with the overall business strategy of the enterprise;
effectively protect the intellectual property assets held;
increase the competitive edge due to the creation and management of an IP portfolio - on both the local and the international market;
ensure that intellectual property assets are used effectively in financial terms and capitalised;
increase the effectiveness of IP management processes being part of the enterprise’s main management processes;
ensure that competencies of highly skilled employees are used effectively;
ensure that R&D work results are used effectively in the area of IP.

Mixed strategy

A mixed, defensive-active strategy is primarily implemented by:

smoothly obtaining protection from appropriate authorities (e.g. trademark or patent registration with Polish and foreign patent offices);
on-going monitoring for potential attempts to unlawfully register similar marks or attempts to market products/services based on a patented technology;
effective defence of intellectual property in disputes, e.g. before the patent office;
commercialisation of intellectual property rights (e.g. licences, sub-licences, transfer);
favourable and transparent compensation policy for intellectual property creators working for the enterprise;
capitalisation of intellectual property rights for tax and accounting purposes;
appropriate management of potential in the area of R&D and intellectual property grants.

Development and implementation of such a strategy is the responsibility of the enterprise's management and a task for experienced lawyers, tax advisers and patent agents.

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Anna Smagowicz-Tokarz

Attorney at law (Poland)

Associate Partner

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