The role of the board in managing intellectual property and supporting business growth

6/2024 5.12.2024
panel: Bowman Heiden, Lars-Peter Lindfors, Timo Helosuo, Roberto Castagno
Last week I had honour to speak at the IP Academy, IPR University Center . The topic was Intellectual Property in a Boardroom—a subject that touches the very heart of strategic business management. The session highlighted a recurring theme: while intellectual property (IP) is a critical asset, its potential is often underutilized due to gaps in knowledge and a lack of shared language between business leaders and IP experts.

This disconnect can lead to missed opportunities and unnecessary risks. Yet, with the right approach, boards can transform IP into a cornerstone of competitive advantage. I summarised some insights into this blog about the role boards should play in managing IP effectively and the challenges they must overcome.

IP decisions that shape a company’s future

Intellectual property isn’t just about patents, trademarks, copyrights, or trade secrets—it’s about protecting innovation, enabling growth, and ensuring a company’s position in the market. For boards, the challenge is weaving IP management into the broader fabric of corporate governance. In this context you may consider IP as exclusivity that is enabling your business.

Strategic discussions about IP should be regular fixtures on the boardroom agenda. For example, the beginning of the year offers an opportunity to revisit and align the IP strategy with the company’s overall objectives. This is when the board can ask: Are our IP assets protecting the innovations that will drive us forward? Are we prepared to defend them against competitors or potential infringers? Or perhaps you have a great portfolio of patents already that can enable fast access to new products or markets.

Budgeting cycles bring another critical touchpoint. Boards must ensure that sufficient resources are allocated to IP protection and development. Underfunding these areas could leave the company vulnerable or lagging in innovation. Similarly, risk management reviews provide the chance to assess potential threats to IP—whether from litigation, infringement, or geopolitical uncertainties—and plan mitigations accordingly.

And let’s not overlook the financial side of IP. Toward the end of the year, boards should consider the valuation of IP assets and their impact on the company’s performance. This isn’t just an accounting exercise—it’s about recognizing the tangible value that intangible assets bring to the table.

Learning from common mistakes

Of course, the reality is far from perfect. In many companies, IP management struggles with recurring challenges that can undermine its effectiveness. One of the most glaring issues is the lack of a clear IP strategy. Without a roadmap that ties IP assets directly to business goals, these assets risk being overlooked or mismanaged.

Another common issue is a knowledge gap at the board level. Intellectual property can feel like a niche topic, the domain of lawyers and technical experts. But in truth, IP decisions are embedded in many critical business areas, from R&D investments to market entry strategies. Without a strong understanding of IP’s role, boards may underestimate its importance or fail to act decisively.

Resource allocation is another stumbling block. It’s not uncommon for companies to underinvest in IP protection or development, which can stifle innovation and leave valuable assets exposed. And then there are the risks—IP infringements, legal disputes, or technological obsolescence—that often aren’t addressed until it’s too late.

Geopolitical factors further complicate the picture. In global operations, issues like dual-use technologies or sanctions can limit the ability to leverage IP fully. And after mergers or acquisitions, poor integration of acquired IP portfolios can lead to wasted resources and missed opportunities.

How boards can lead in IP management?

So, how can boards turn IP management into a strength rather than a weakness? The key lies in treating IP as a strategic asset rather than a technical or legal afterthought. This starts with regular, structured discussions about IP at the board level, supported by clear reporting and actionable insights.

Education also plays a vital role. Board members don’t need to become IP experts, but they do need to understand its implications for the business. This awareness enables them to ask the right questions and make informed decisions.

Finally, effective IP management requires a holistic approach. Boards should ensure that IP strategy is integrated with broader business goals, supported by legal expertise, and informed by market insights. When done well, this alignment allows companies to not only protect their innovations but also unlock new opportunities for growth.

The strategic imperative

In today’s fast-paced business environment, intellectual property is far more than a legal necessity—it’s a competitive differentiator. Companies that manage IP proactively and strategically gain an edge, while those that neglect it risk falling behind. For boards, the challenge is clear: embrace IP as a core component of governance, and its rewards will follow.

By fostering a culture of IP awareness and action at the board level, companies can turn intangible assets into tangible value. It’s not just about protecting what you have—it’s about building the future.

Like always, the outcome of a session is much better when having open discussion. I would like to give big thanks to my fellow thought leaders Bowman Heiden, Lars Peter Lindfors and Roberto Castagno for great discussion. And for Auri Vainio and Hilkka Honkanenfor great arrangements.

Photo: Auri Vainio

Aiheet: IP rights, Muut

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