Can A Business Strategy Be Protected Under Intellectual Property Laws?

In today's knowledge economy, business strategies are key to determining the competitiveness and innovation of an organization. As opposed to tangible assets that are covered by conventional IP regimes, business strategies are intangible, fluid, and even complex, leaving key questions regarding their legal protection. This article examines whether and in what way business strategies are protectable under current IP regimes and contractual arrangements. This piece contends that although business strategies cannot be owned or protected independently as stand-alone IP assets, their component parts can be protected through an integrated and multi-layered legal framework through key case studies. The piece stresses the inadequacies of existing legal doctrines and identifies strategic IP planning as a route to maintaining a competitive edge in a progressively innovation-focused marketplace.