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A short conversation is the best way to scope a TSM program
Ulrikke Asbøll
Head of IP Management Consulting, Attorney at Law, Partner
The off-balance-sheet economy
More than 75% of your company's value is off the balance sheet
A substantial majority of corporate value today is made up of intangible assets. Ocean Tomo’s research shows that intangible assets represent around 90% of the market value of leading companies.
Much of this value is not reflected on the balance sheet and is not captured in public registries. It includes assets such as know-how, data, processes, and trade secrets.
What counts as a trade secret
Registered IP is visible. Trade secrets are not.
Both classes of asset can carry decisive competitive value. Only one is filed and defended on the public record by default.
A trade secret is defined in the Trade Secrets Act as:
- Secret information
- Commercial value from secrecy
- Protected by reasonable measures
The third test – reasonable measures – is where most cases are decided. It is the line of defense against both the insider risk (employees misusing secrets, by intent or neglect) and the outsider risk (industrial espionage, cyber attack) – and the criterion most companies underinvest in.
