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ARTICLE · 25 NOVEMBER 2017

Brands as a legal asset

Once you have identified, valued and protected your brands, you would be in a position to exploit the potential in them.

AustraliaIntellectual Property

INTRODUCTION

Brands are an intellectual property asset. Unfortunately they rarely appear on a company's balance sheet. As a consequence, brands may often be inadequately identified, valued, protected and exploited. Bearing this in mind, it is wise to institute a program to protect and nurture your brands.

IDENTIFICATION

It is important to carry out a regular stocktake of your brands. All your brands should be exhaustively listed and their ownership verified. It may be that some of your brands are owned by now defunct companies. It may be that the copyright in devices and images contained in your brands actually vest in the advertising or design agency who created them. If you are using any brands under licence to third parties, you should ensure that you are complying with the licence terms.

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