Guest post: Is now the time for intangible assets to take the stage?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Guest post: Is now the time for intangible assets to take the stage?

Brexit-168.

It has now been nearly two months since Britain voted to leave the European Union. Confidence has steadily returned to the business community since the result was announced as many now look to grow during what could be a lengthy Brexit negotiation. By Paul Mitchell, Novum Global Strategies

Mitchell_Paul-200
Paul Mitchell

Despite the initial aftermath, businesses are beginning to view the post-Brexit environment with sceptical optimism. The search for yield continues to occupy the thoughts of the most ambitious organisations as many realise savings and profits can be made from previously unexploited assets already on their balance sheet.

It is this positive mind-set which could see the way that businesses assess their intellectual property change significantly. 

Search for yield

Interest in alternative asset classes is typically driven by investors’ search for yield in challenging markets and IP has proven to be an attractive alternative asset class in the past.

For example, operators in the telecoms sectors - companies such as Nokia, Motorola and Samsung - faced a period of contracting profits coupled with strong competition in the late noughties.

Consequently, executive decisions were made to re-evaluate their intangible assets and explore ways to enter new markets, changing their direction of growth, with valuing and mapping IP taking the fore.

Today most companies have more IP than they realise as it can often be hidden in their day-to-day processes. This is because many companies are a victim of growth, with complex back office legacy systems entangled with advanced front office processes. As such, integrating the data from these disparate systems prevents many from accessing the full potential of their IP.

That said, reassessing and valuing intangible assets presents an irresistible opportunity to generate revenue, and the prominence of intangibles has certainly flourished in recent years as a result.

After all, in the 1980s intangible assets only accounted for 20% of company value, yet today they make up an incredible 80% on average.  

Two key techniques

Brexit-168.

To maximise the opportunity presented by intangible assets, however, businesses need to better understand how to value them.

There are two key techniques a business must employ when initially valuing their IP: qualitative and quantitative approaches.

The main factors to consider when taking the qualitative approach are the historic, replication and replacement cost of the IP assets in question.

By comparison when pursuing the quantitative approach - the auction potential after a bidding process - comparable market value and comparable royalty rate must be examined. To be frank, the valuing of intangible assets is difficult, but by keeping these approaches in mind you are likely to value your IP realistically, and as such manage its future capital potential.

With the FTSE 250 having recovered to just 2.5% off its pre-referendum level, the data suggests the UK economy is faring well.

This shift, coupled with growing pressure on companies to be the first to file, has led to an upswing in investment in IP management in Europe and across the Atlantic.

By developing and adapting growth strategies to include the application of IP assets, IP-rich companies can expand their businesses in the Brexit reality where we now find ourselves.

With balance sheets becoming increasingly weighted towards intangible assets, the next few years could propel growth in institutions that value their IP.

more from across site and SHARED ros bottom lb

More from across our site

New partners, from biotech company Leyden Labs and Novartis, take the total number of partner hires to 12 since the firm took on external investment in late 2024
Labelled the ‘largest law firm merger in history’, the new outfit could also spell an opportunity for US clients to capitalise on Hogan Lovells' UPC expertise
Andy Lee and Amy Brooks of Brandsmiths explain how the firm secured a win for Peppa Pig over rival children’s character Wolfoo, in a case that centred on copied audio clips
Pedro Moreira outlines proposals by INPI that look set to open a discussion regarding biological materials, extracts, sequences, genetically edited plants, and computer programs
The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one ground of appeal has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
King & Spalding has now hired 15 partners from Winston Taylor and legacy firm Winston & Strawn in offices spanning Texas, San Francisco, and Chicago
Gift this article