Intellectual Property Audits: Strengthening Business Value Through Strategic Asset Management
Many organisations own valuable intellectual property without fully realising its
Why?
One of the ways to transform an R&D unit or company from a cost center into a profit center is to consider technology transfer or licensing options. This allows the R&D center to develop an additional income stream from its activities, without necessarily limiting the company’s own activities and business opportunities. More and more, companies are looking for innovations outside of their own markets, which generates opportunities for R&D-heavy industries to explore new opportunities.
Process
When looking for potential technology transaction options, it is important to clearly define the process up-front, which generally includes:
Competition / antitrust constraints
When drafting technology transfer or licensing agreements, it is important to review whether or not there would be any constraints from a competition or antitrust perspective. The EU, the US, Japan, and many other countries have developed specific legal frameworks aimed at avoiding anticompetitive behavior and effects of these types of transactions.
Tax incentives
Under the OECD BEPS initiative, licensing patents and innovative software may under certain circumstances allow companies to apply for a partial discount on corporate income taxes. Various countries, like Belgium, have already implemented “innovation income deduction” schemes to incentivise technology transactions.
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Many organisations own valuable intellectual property without fully realising its
The digital economy has made intellectual property both more valuable
A brand is often the most visible and recognisable asset
Intellectual property (IP) is one of the most valuable assets
Find answers to common questions about this area of expertise. If your question is not addressed below, we invite you to contact us for tailored advice.
Intellectual property (IP) refers to creations of the mind, including trademarks, logos, brand names, inventions, software, artistic and literary works, designs, databases and confidential know-how. These intangible assets can be legally protected to prevent unauthorised use by third parties.
IP protection allows you to secure exclusive rights over your creations, strengthen your competitive position, prevent imitation, and increase company valuation. Without proper protection, competitors may exploit your innovation without consequence.
Depending on the asset, you may register trademarks, patents, and design rights. Copyright protection arises automatically for original works, including software. Strategic advice is necessary to determine the most appropriate protection mechanism.
Enforcement may include cease-and-desist letters, negotiation, opposition proceedings, injunctive relief, seizure measures such as an Anton Piller order, or court litigation. The appropriate strategy depends on the severity and jurisdiction of the infringement.
Yes. We represent clients in opposition and cancellation proceedings before the Benelux Office for Intellectual Property (BOIP) and the European Union Intellectual Property Office (EUIPO), as well as in related judicial proceedings.
An IP audit identifies and evaluates your intellectual assets, ownership structures, and protection gaps. It helps ensure that valuable assets are properly secured, documented and aligned with your business strategy.
Trade secrets require contractual and organisational safeguards. Non-disclosure agreements (NDAs), internal policies, restricted access controls and clear ownership clauses are essential to maintain confidentiality and legal enforceability.
Such agreements must clearly define ownership, scope of use, territorial rights, duration, royalties, confidentiality obligations, termination clauses and dispute resolution mechanisms. Proper drafting prevents future conflicts and safeguards commercial value.
Yes. We advise and represent clients in domain name dispute resolution procedures and in judicial proceedings involving cybersquatting or misuse of trade names and brands online.
Emerging technologies such as AI, 5G applications and digital platforms raise complex IP questions regarding authorship, ownership, data use and liability. Strategic legal guidance ensures that innovation remains protected within evolving regulatory frameworks.
Advertising law
Copyright
Communications law
Computer programs
Confidential information
Counterfeiting
Cookies
Cybercrime
Cybersecurity
Database rights
Data protection
Design law
Domain names
Entertainment
Fashion law
GDPR
ICT
Intellectual property
Internet Services Providers
Image rights
Right to reply
Right to be forgotten
Supplementary protection certificates
Social media
Software
Trade secrets
Trade names
Trade marks
Know how
Plant variety rights
Protected geographical designations
Patents
Piracy
Privacy (/E-privacy)
Licensing
Media law
Music law
Neighbouring rights
Transfer of rights
Technology
Topographies and semiconductor products
Videogames