27.10.2020

Intangible Assets are the Most Important Capital Companies Have

Intangible assets are the most important capital companies have, and when properly protected can be a major competitive advantage. More than half of the value of EU companies is made up of intangible assets, and the corresponding number for American S&P 500 companies is a dizzying 84%. Intellectual property rights are tools to protect intangible assets, such as innovations, products and brands.

The COVID-19 pandemic has pushed companies to seek growth through digitalisation projects and has also created a need to protect these investments. This is one reason why the number of patent and trademark applications has grown significantly in Finland this year. The same trend can be seen in the European Patent Office, where the growth has been highest in the telecommunications and technology sectors.

The creation of intangible value brings success to society as a whole. Indeed, renewing the national strategy for intangible rights has been included in Finland’s Government Programme. Finland’s Ministry of Economic Affairs and Employment has already begun this work, and when complete, the new strategy will support companies’ competitiveness in an increasingly digital and global operating environment and further boost Finland’s position as an internationally attractive location for innovation.

It is past time for responsible corporate management to map out what their company’s significant intellectual property rights are and to make sure that these rights are protected on the relevant markets and have been incorporated in their company’s strategy. To do otherwise is to expose the company to a serious business risk: the company could lose the rights to its own innovations, or at worst, even have to cease selling its products. At the same time, it is important for management to ensure that the company’s brands and services are marketed responsibly in line with the brand and its value.

We are living in a highly digital but ever more vulnerable world. Intangible assets are targets for industrial espionage and cybercrime and must be protected by every means. There is much work to be done, as a great deal of these assets remain unregistered and unprotected.

Latest references

We are acting as legal advisor to Piippo Plc in the sale of their bale netwrap and baler twine machines, related assets, and trademarks used in Piippo’s business to Portuguese Cotesi S.A. The sale of assets will be carried out in two phases and the final completion of the transaction is expected to occur during the first quarter of 2026. Piippo Oyj’s core business is baling nets and twine and it is one of the leading suppliers in the industry globally. The company’s global distribution network covers more than 40 countries. The company’s shares are listed on the First North Growth Market Finland operated by Nasdaq Helsinki Oy. Founded in 1967, Cotesi is one of the world’s leading producers of synthetic and natural twines, nets and ropes, with operations in Europe, North America and South America and its main production plant in Vila Nova de Gaia, Portugal.
Case published 17.4.2025
We advised Valio Oy in its acquisition of Raisio Oyj’s plant protein business, related fixed assets and the Härkis® and Beanit® fava bean brands. The fixed assets include, among other things, the production equipment of the factory that makes plant protein products in Kauhava. The transaction supports Valio’s strategy to grow from a dairy company to a food company. This business acquisition will make us an even more significant developer and producer of plant-based protein products. The demand for these products will grow in the long term, and a great deal of growth potential still remains. In 2022, we acquired the Gold&Green® business and, since then, we have been carrying out strong product development and renewed the brand. Following successful product launches, sales in the last quarter of 2024 increased by about 50% from the previous quarter. With this acquisition, we are building our own production capacity. The production equipment of the Kauhava factory is just right for our needs and situation. says Kimmo Luoma, Valio’s Senior Vice President. Valio is a Finnish dairy and food company founded in 1905 and owned by Finnish dairy cooperatives. Valio has subsidiaries in Sweden, Estonia, the United States and China. In 2023, the Group had a turnover of EUR 2 278 million and more than 4 000 employees.
Case published 14.2.2025
We successfully represented Arctic Biomaterials Oy before the Finnish Market Court in an extensive dispute concerning alleged patent infringement and invalidity of the patent-in-suit. Our client has invented next-generation bioabsorbable composites that are engineered with Arctic Biomaterials’ X3 bioactive natural mineral fibers, offering robust, bioactive reinforcement for orthopedic implants. These advanced composites empower customers to create high-strength bioabsorbable solutions for the most demanding applications. Back in 2019, Purac Biochem B.V. alleged, among other things, that our client’s Evolvecomp product had infringed Purac Biochem B.V.’s European patent validated in Finland protecting a biocompatible composite and its use. Purac Biochem B.V. filed a preliminary injunction against our client under the Act on Securing the Provision of Evidence in Civil Cases Concerning Industrial Property Rights and Copyright (344/2000). The Finnish Market Court issued an ex-parte injunction against our client on 2 April 2019 (MAO:150/19) and a final injunction on 19 February 2020 (MAO:59/20). Our client had disputed Purac Biochem B.V.’s patent infringement claim from the beginning and claimed that the patent-in-suit was invalid. After five years of litigation, the Finnish Market Court handed down a ruling in the joined invalidity and infringement cases on 10 October 2024 (MAO:560/2024 and MAO:561/2024) declaring Purac Biochem B.V.’s patent invalid and dismissing Purac’s infringement action against Arctic Biomaterials. Also, the preliminary injunction based on an alleged patent infringement imposed against Arctic Biomaterials was cancelled. The Market Court declared Purac Biochem B.V.’s patent invalid due to a lack of inventive step. The Market Court applied the could-would method for determining whether the patent-in-suit is inventive or not. The could-would method is based on determining whether a person skilled in the art would (not simply could, but would) have made a specific improvement to prior solutions, based on the available prior art. The Market Court ruled that it would have been obvious to a person skilled in the art to solve the objective technical problem of the patent-in-suit in the manner presented in claim 1, using as a starting point the closest prior art (prior patent publication) and combining it with the teaching of another prior art publication. The decision is final.
Case published 29.1.2025
We acted as Finnish counsel to Pernod Ricard in the sale of a portfolio of local Nordic brands to Oy Hartwall Ab, an affiliate of the Danish group Royal Unibrew. Pernod Ricard is a worldwide leader in the spirits and wine industry. The local portfolio of brands includes spirits, liqueurs and Finnish wine brands, the best-known being the liqueur Minttu, along with their related production assets based in Turku, Finland.
Case published 21.10.2024