www.pwc.es Managing intangible assets It is time to act We add the value you need 2 Technology Page 5 1 3 Information Content management Page 6 Page 4 6 Taxation of 4 intangible Trademarks, patents, assets designs and other Page 10 industrial property Page 7 5 Protection and defence of intangible assets Page 8 Introduction Intangible assets are becoming an However, by properly valuing these competition does not have, we can essential component for more and more assets, a company can boost its balance readily identify which company activities companies, especially considering sheet, secure more efficient financing, are able to generate intangible assets. today’s complex environment and the and reduce both costs and fiscal impacts. need to move toward innovation-based Based on this initial mapping, the best models, new technologies and Intangible assets are the ideal vehicle for way to identify and value those activities knowledge. safeguarding a long-term competitive that generate knowledge within the advantage, and can, when correctly and company, a series of measures can be But, in this day and age, what exactly do proactively managed, form part of a taken – starting with registering and we mean when we talk about intangible company’s strategy and generate new protecting these intangible assets – that assets? revenue streams. can enhance their value both in practice and on the balance sheet. These The answer is no longer cut and dry, as By simply identifying which company measures also optimise the process of intangible assets can cover a lot more activities generate internal knowledge, creating and using intangible assets than we may think at first: patents, market notoriety or a well-known brand from a tax perspective, helping to trademarks and utility models, but also name, or provide some type of value the improve business models and costs. intellectual property and content, as well as information and processes, and industrial and trade secrets that can also be considered know-how providing special value to a company. We take it further Only PwC Tax & Legal Services can truly makes the most of Up until now, many companies have your intangible assets. Our one-of-a-kind expertise, backed overlooked the opportunity of by our multidisciplinary approach, can be readily adapted maximising their intangible assets, focusing only on registration and legal to your company’s precise needs. protection for these assets. Managing intangible assets 3 Information management 1 Information – and the ability to manage new capabilities for generating, We take it further it – is one of the highest-value intangible processing and making the most of Beyond providing assets of any company, in any sector. information and knowledge. knowledge and ensuring Up until now, companies have primarily Drawing from their solid sector compliance with focused on data protection knowledge, our professionals are able to regulations, our compliance…but this is no longer recognise your company’s needs and technology specialists use enough. At PwC, we believe that any optimise all the possibilities offered by the new digital legal services offer should go beyond information processing, for the business environment to harvest regulatory compliance and look at the as a whole. and manage important information that can improve your commercial offer: customer preferences, opinions, trends, assessments, recommendations, etc. 4 Managing intangible assets 2 Technology We take it further PwC’s specialised professionals know Many companies have how to respond to technology-related invested heavily in this needs arising in any company, from a type of intangible asset, three-fold perspective: seeing technology commercial and internal use must go assuming asset ownership as a business support, as an IT hand in hand with suitable legal that does not always development and as a means for protection. PwC’s specialised service can communication. help you standardise your web presence respond to legal reality. At and manage domain names, e-commerce PwC, in addition to When technology is used as support, is it and your direct relationships with accrediting and protecting fundamental to ensure that it meets the employees and stakeholders through ownership of created needs of clients, such as service level social networks. assets, we look for ways to agreements in line with business optimise and use the continuity, information security, contracting and subcontracting, and rights in areas such as responses to unexpected events. development of internal applications, software When looking at technology as an IT development services, development, it is important to maximise licenses acquisition, mass the heavy investments normally implementations and accompanying development of these intangible assets and to respond to the parameter-setting, complex issues (in terms of authorship turnkey projects and and ownership of rights) they normally regulatory, corrective and entail. proactive maintenance. With respect to technology as a company’s communications channel, Managing intangible assets 5 Content 3 Everybody knows that content (music, these sectors, a correct release and use of We take it further photos, audiovisual productions, content can mark the difference between recordings, etc.) are essential elements success and failure. Our experts will help you for publishers, production companies, develop new businesses marketing agencies and communications For companies in other sectors, PwC such as editorial formats, companies. However, what might not be offers a multidisciplinary approach to operate existing content in so obvious is that companies from other managing content created by employees new ways and through sectors, such as automation, mass market and publication of this content on social products, telecommunications, finance networks and channels such as YouTube, new windows, and modify and distribution, are increasingly protecting and carrying out advertising supports and operating developing their own content in order to campaigns and third-party content, capacity, sales alliances, better communicate with their clients creating interactive channels where the impact of technology and customers. customers can give opinions, add on works distribution content, etc., using and expanding social models or shared content For those industries traditionally linked networks, and safeguarding Internet with content and entertainment, PwC’s reputation. models and third-party specialised legal services can assist in key contributions. aspects such as use and ownership of rights, supports and release windows. In 6 Managing intangible assets Trademarks, patents, 4 designs and other industrial We take it further property PwC can help you effectively manage your PwC’s specialised and comprehensive In addition, we offer assistance in industrial property, putting advisory service covers all major identifying and researching your these assets to use to boost industrial property-related issues, company’s brands and created content your company’s competitive thereby meeting the demands of a market and designs to verify whether they are in which intangible assets, company legally available for use in the market. edge and its strategic brands and distinctive signs, and the Our professionals will handle the entire advantages. This means requisite protection for business application and registration process for being better at selling your creativity is becoming increasingly any type of industrial property, both in inventions, launching your important. Spain and internationally. products on the market, granting licenses for In order to optimise portfolio PwC has solid expertise in the management, PwC carries out a Community Trademark and Design technical knowledge and diagnostic analysis of the structure and system ensuring standardised protection making your brands, ownership of your company’s current before the OHIM throughout the entire designs and patents even industrial property portfolio, making the European Union. more valuable vis-à-vis most suitable recommendations for third parties. reorganising these assets. In addition, PwC offers advisory services in negotiations, contracts and internal risks prevention. Managing intangible assets 7 Protection and defence of 5 intangible assets We take it further The new ways of creating and using Privacy Our approach provides content, distinctive signs and inventions • Drafting of corporate protocols and clients with prevention, in the digital age have helped to dilute regulations governing processing of protection and defence ownership status and encourage confidential information, protection of mechanisms for their information sharing, which gives rise to know-how and other intangible assets, intangible assets, above new infractions and inappropriate use of and their use and distribution by the intangible assets generated and/or employees and beyond those used by companies. provided in traditional • Protection and defence of a company’s systems, as well as a In order to protect these intangible image, reputation and privacy in social structure for responding assets, PwC has designed a networks, blogs, forums, and other to infractions of their comprehensive service focusing on the digital communications platforms, and industrial property rights, following: protection against identity theft via electronic means, revelation of trade copyrights, and other secrets and unauthorised access to digital-related intangible confidential information assets. 8