There used to be a time when intellectual property
(“IP”) law was an obscure and esoteric
area of the law, simply of interest to a few science geeks, music
companies and branding types (the offensive and outdated –
but endearingly funny – “man with a
ponytail”).
Somewhere along the line people caught on and as IP assets
increased as a percentage of overall asset value, the interest in
IP law grew. Nowhere has this growth and the commensurate interest
been more pronounced that in the S&P 500 where, in 1975, IP
assets made up 17% of total asset value on the index, and by 2020
that shot up to just over 90%.
There is a ceiling to this measurement, but not to the
associated value. As value increases so will interest and as
interest increases, so will the ever-increasing arguments to
balance the IP rights with what it aims to achieve.
