For manufacturers, the subject of “intellectual” management is not limited to such technical areas as patents (intellectual property rights), but includes production and sales know-how and other implicit knowledge embedded in a company. This intellectual property belongs not only to the technical development sector, but is an intangible asset of all sectors engaged in cognitive business activities, including production, planning and logistics.
The management of intellectual property must not, therefore, be carried out by a single sector with a specialized function – for example, a patent department – but requires companywide commitment. A patent department is, rather, just such a specialized unit, taking the lead in functional activities, including applications for patents, maintaining and protecting those legal rights, engaging in negotiations and dealing with disputes.
When utilizing intellectual property, judgments have to be made on the following matters: whether to create the necessary intellectual property or obtain rights externally; whether or not to disclose the content to the public; whether or not to incorporate such property into a product; and whether or not to grant licenses to another companies. It is important to note here that those judgments are not at the level of daily operations, but involve important managerial issues and decisions.
Just consider, for example, the technical development required to create intellectual property. If technical issues arise, which is better, to develop it using the company’s management resources and time, or to bring it from outside of the company? Bases for decision-making are more than costs. Effects must be ascertained and weighed in multiple aspects, including relationships with competitors, the state of the market, the target business model using the technology in question, and the know-how expected to be obtained in the process of development.
An organization in charge of intellectual property management and its staff must appreciate that they are making managerial judgments, beyond the framework of daily activities related to patent applications, etc. Needless to say, management should not leave matters completely to the intellectual property sector. Management must recognize that these are managerial matters in which it should figure actively, and should work out directions for the companywide use of intellectual property.