• Peter Kits, Partner |
  • Alette Horjus, Manager |

If there’s one thing the new DMA and DSA legislation will bring, it’s many new opportunities for doing business online. Whatever business you do, Intellectual Property (this includes all intangible and digital and data assets) is the foundation on which you should build it. Although there are some companies that realized that from the start – think Apple, Google or Unilever – for most companies it’s unclear what their position is when it comes to IP.

Know what IP you have

The first step in getting this right, is creating awareness. Do you know what (possible) IP assets you have? Do you realize you (may) own the copyright, data base rights, trademarks/names and other IP rights on apps or services you programmed or developed? And that’s just the start. When doing business online, you have to have a holistic approach to the legal side of things, especially with the upcoming DMA and DSA legalisation. Contract & private law (ecosystem governance is new in this area), mandatory laws & regulations (data governance and cyber laws and regulation of online platforms are additions in this area) and intellectual property law (which now includes data ownership regulations) all play an important role. 

Create an IP Strategy

Once you are aware of the value you have, it’s time for a strategy. All companies have a corporate strategy that sets out the direction. In an ideal world that shapes an innovation strategy which identifies new growth opportunities. For that strategy to work, you need an IP strategy addressing all aspects of the IP lifecycle. A strategy that, in turn, can facilitate a monetization and commercialization strategy that maximizes the value of your IP portfolio. What does your IP strategy need? Make sure you know what your key strategic capabilities are. Keep them close and defend them if necessary (your core business assets). And know what to keep open and creative, things you can share with others (services or enabling technologies on others platforms).

Gather people with knowledge

To make this work, you’ll need people around you who know what they are talking about when it comes to legal and IP. Either in your company or externally. You’ll need to know what is covered by legislation and what you need to organize yourself. What are the trends for now and what lurks over the horizon? Threats as well as new opportunities. Only if you have a clear view of what’s going on, you can do your business in this new and complex world successfully.