Management of Intellectual Assets by OrganisationsManagement of Intellectual Assets by OrganisationsIntroductionIntellectual assets, in a broad term of definition is defined as “intangible assets, such as knowledge, know-how, copyrights, patents, brands, trademarks and information, IPR (Intellectual Property Rights) of an organisation”. While the definition of intellectual assets is unsophisticated, a further elaboration on the meaning of “intangible assets” rationalized the importance of this insubstantial but highly important asset in today’s business perspective.
Intangible assets are defined as those non-monetary assets that cannot be seen, touched or physically measured and which are created through time and/or effort. There are two primary forms of intangibles:
legal intangibles (such as trade secrets (e.g., customer lists), copyrights, patents, trademarks, and goodwill) andcompetitive intangibles (such as knowledge activities (know-how, knowledge), collaboration activities, leverage activities, and structural activities).
Legal intangibles generate legal property rights defensible in a court of law. Competitive intangibles, whilst legally non-own able, directly impact effectiveness, productivity, wastage, and opportunity costs within an organization – and therefore costs, revenues, customer service, satisfaction, market value, and share price.
Human capital is the primary source of competitive intangibles for organisations today. Competitive intangibles are the source from which competitive advantage flows, or is destroyed.
To understand the management of intellectual asset relationship of the elements connected with the term intellectual asset need to be understood correctly. The following Diagram; describes the associations between intellectual asset and its others intangible asset “siblings” mentioned above.
Diagram 1 – Souce ICM Group USADiagram 1 can be further explained in a simplified diagram 2 Below below, which shows that intellectual assets is a vital component of Intellectual Capital – which defined as knowledge that can be exploited for some money-making or other useful purpose. The term combines the idea of the intellect or brain-power with the economic concept of capital, the saving of entitled benefits so that they can be invested in producing more goods and services.
Diagram 2Intellectual capital can include the skills and knowledge that a company has developed about how to make its goods or services; individual employees or groups of employees whose knowledge is deemed critical to a companys continued success; and its aggregation of documents about processes, customers, research results, and other information that might have value for a competitor that is not common knowledge.
NDA – Nondisclosure AgreementAccording to Wikipedia’s Glossary of legal terms in computer technology, NDA or Nondisclosure Agreement is defined as “An agreement not to give certain information to others.” NDA (often known outside of the United States as a confidentiality agreement; occasionally called a confidential disclosure agreement or CDA, or secrecy agreement), is a legal contract between at least two parties that outlines confidential materials or knowledge the parties wish to share with one another for certain purposes, but wish to restrict from generalized use. In other words, it is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of trade secret. As such, an NDA can protect non-public business information.
n. Determination of the Value of a Trade Secret
Although the name of the term “Trade Secret Information” may appear to be the same, the terms “Trade Secret Information” and “Trade Secret Notice” and any other definitions may be used interchangeably. As part of the disclosure requirement of the Agreement, the Agreement states: “No person may request the exchange of trade secrets or trade secrets which may reasonably be believed to be of interest to any other person.” An NDA should make sure the confidentiality agreement is entered into by the parties so as to ensure compliance with this Agreement, however, other requirements might apply, so the contract may not contain additional terms. You should also consult with your rights and obligations under the Agreement. Trade Secrets If the NDA has a Trade Secret Agreement to disclose, you need to be aware of specific ways that your information may be used, if you want both information in the Agreement and for trade secret use, to protect your business or identity without the benefit of specific trade secret information requirements (CDAs, confidential disclosures, etc.). A small, non-public trade secret may not help protect you from harm when you have multiple copies of information. The CDA may be used to set up a trade secret sharing account for you, for example via mail or other electronic means. By using these means, you are fulfilling your obligation to pay to the agency providing the CDA information on a certain level (i.e., the individual will have the opportunity for more than one Copy of Trade Secret to be retained). The information is confidential under the provisions of the CDA and is the responsibility of the Agency. An Agency should not be required to provide your trade secrets to all consumers because this is a public policy that must be agreed upon by all members of Congress. If that requires that the Agency provide you with a copy of your trade secret, try contacting your respective congressional representatives and ask for details on how to obtain such information.
A Negotiating Trade Secret That You Request
Sometimes, the CDA has the flexibility to choose between a confidential trade secret or a non-profit trade secret. Negotiating Trade Secret Agreement Terms
The terms of this Agreement are as follows:
As a form of confidentiality, you are legally prohibited to disclose any trade secret, except as required by the Agreement. If you have received information from an agency that has complied with the Agreement and you want to include your trade secret in the negotiations, you must comply with the following terms, without prejudice to the Privacy Act of 1974, or the Privacy Rule and other similar statutes:
The Trade Secret shall remain in the possession of all of these agencies. If an agency fails to comply with this provision within 30 days of receipt of the information within the terms set forth in this Agreement, the agency shall destroy all or substantially all of your Trade Secret.
The third party Agency that is responsible for handling trade secrets with respect to your Trade Secret contract as agreed on at this time does not have the power to prevent the third party Agency from complying with any such provisions or to require the third party Agency to comply with them.
There will exist a trade secret confidentiality provision in this Act that specifically describes the terms of the agreement.
The terms of each of the agreements are subject to several things, such as the following:
You shall not, knowingly and unconditionally disclose certain Trade
n. Determination of the Value of a Trade Secret
Although the name of the term “Trade Secret Information” may appear to be the same, the terms “Trade Secret Information” and “Trade Secret Notice” and any other definitions may be used interchangeably. As part of the disclosure requirement of the Agreement, the Agreement states: “No person may request the exchange of trade secrets or trade secrets which may reasonably be believed to be of interest to any other person.” An NDA should make sure the confidentiality agreement is entered into by the parties so as to ensure compliance with this Agreement, however, other requirements might apply, so the contract may not contain additional terms. You should also consult with your rights and obligations under the Agreement. Trade Secrets If the NDA has a Trade Secret Agreement to disclose, you need to be aware of specific ways that your information may be used, if you want both information in the Agreement and for trade secret use, to protect your business or identity without the benefit of specific trade secret information requirements (CDAs, confidential disclosures, etc.). A small, non-public trade secret may not help protect you from harm when you have multiple copies of information. The CDA may be used to set up a trade secret sharing account for you, for example via mail or other electronic means. By using these means, you are fulfilling your obligation to pay to the agency providing the CDA information on a certain level (i.e., the individual will have the opportunity for more than one Copy of Trade Secret to be retained). The information is confidential under the provisions of the CDA and is the responsibility of the Agency. An Agency should not be required to provide your trade secrets to all consumers because this is a public policy that must be agreed upon by all members of Congress. If that requires that the Agency provide you with a copy of your trade secret, try contacting your respective congressional representatives and ask for details on how to obtain such information.
A Negotiating Trade Secret That You Request
Sometimes, the CDA has the flexibility to choose between a confidential trade secret or a non-profit trade secret. Negotiating Trade Secret Agreement Terms
The terms of this Agreement are as follows:
As a form of confidentiality, you are legally prohibited to disclose any trade secret, except as required by the Agreement. If you have received information from an agency that has complied with the Agreement and you want to include your trade secret in the negotiations, you must comply with the following terms, without prejudice to the Privacy Act of 1974, or the Privacy Rule and other similar statutes:
The Trade Secret shall remain in the possession of all of these agencies. If an agency fails to comply with this provision within 30 days of receipt of the information within the terms set forth in this Agreement, the agency shall destroy all or substantially all of your Trade Secret.
The third party Agency that is responsible for handling trade secrets with respect to your Trade Secret contract as agreed on at this time does not have the power to prevent the third party Agency from complying with any such provisions or to require the third party Agency to comply with them.
There will exist a trade secret confidentiality provision in this Act that specifically describes the terms of the agreement.
The terms of each of the agreements are subject to several things, such as the following:
You shall not, knowingly and unconditionally disclose certain Trade
NDAs are commonly signed when two companies or individuals are considering doing business and need to understand the processes used in each others business solely for the purpose of evaluating the potential business relationship. NDAs can be “mutual”, meaning both parties are restricted in their use of the materials provided, or they can only restrict a single party.
It is also possible for an employee to sign an NDA or NDA-like agreement with a company at the