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 the lead counsel to Fortum in a cross-border transaction in which Fortum is selling its recycling and waste business. The business is sold to thematic impact investing firm Summa Equity through its portfolio company NG Group. The debt-free purchase price is approximately EUR 800 million. The transaction is subject to authority approval and customary closing conditions. Fortum’s recycling and waste business to be sold comprises municipal and industrial waste management and end-to-end plastics, metals, ash, slag and hazardous waste treatment and recycling services. These businesses are located in Finland, Sweden, Denmark and Norway and currently employ approximately 900 employees.
Case published 18.7.2024
We successfully represented Onses Finland Oy before the Finnish Market Court in an exceptionally extensive dispute concerning alleged trademark infringement and unfair business practice. Our client, Onses Finland Oy, is a Finnish sports drink company and the owner of the sports drink brand ONSE. In the spring of 2023, the Polish beverage company OSHEE Polska Sp. z o.o. filed legal action against our client, alleging that the ONSE trademarks and product packaging infringed the OSHEE trademarks. The plaintiff’s secondary claims concerned alleged slavish imitation of the OSHEE sports drink packaging and exploitation of the reputation of the plaintiff. The plaintiff based its suit on registered trademarks as well as allegedly established and reputed figurative and three-dimensional trademarks. The Market Court rejected all of the plaintiff’s claims. The Market Court held that the marks invoked in the suit were neither established nor marks with a reputation in Finland. As regards the registered trademarks, the Market Court found that there was no likelihood of confusion between the OSHEE and ONSE trademarks. As to the secondary claims, the Market Court held that the sports drink packaging used by the plaintiff was a normal beverage bottle, the design of which was partly determined by functional factors. The Market Court also found that there were several blue sports drinks available on the market and that the plaintiff’s product was not the first blue sports drink on the market. The plaintiff failed to show that its product packaging was original or well-known to the average consumer at the time of the launch of our client’s ONSE sports drink product, and the Market Court thus rejected the claims on slavish imitation and exploitation of reputation. The Market Court ordered the plaintiff to pay all of our client’s legal costs with statutory interest. The judgment (MAO:280/2024) is not final.
Case published 11.6.2024
We acted as the legal and ESG advisor to Mérieux Equity Partners on the acquisition of a majority stake in Labquality through a leveraged buyout by its buyout fund, Mérieux Participations 4. Existing shareholders of Labquality, including Cor Group and the management, will reinvest a portion of their proceeds into the company in connection with the transaction. Headquartered in Helsinki, Finland, Labquality is a Nordic player specialized in EQA, CRO activities and regulatory affairs, with a strong local presence in Central and Eastern Europe. The company provides a comprehensive array of services for the healthcare, medical technology, and pharmaceutical industries. The company, employing over 120 professionals and supported by a network of more than 150 external experts and consultants across its offices in Finland, Germany, and Poland, serves a diverse clientele of over 8,000 customers, including major pharmaceutical companies in over 60 countries. Mérieux Equity Partners (MxEP) is an AMF-accredited management company dedicated to equity investments in the Healthcare and Nutrition sectors. MxEP actively supports entrepreneurs and companies with differentiated products and services, giving them privileged access to its sector expertise and international network. The transaction will enable Labquality to pursue its buy & build strategy in Europe to accelerate its CRO activities while continuing strong and recurring growth in the EQA segment. Labquality will benefit from MxEP’s sector expertise and financial resources to achieve its ambition of becoming a leading European CRO and EQA platform, with fully integrated regulatory consulting capabilities to serve major customers across Europe.
Case published 4.12.2023
We advised Voisin Consulting Life Sciences (VCLS) on the acquisition of MedEngine, a leading medical science agency in the Nordics. MedEngine is a digitally minded, premium service provider for the pharmaceutical industry, built upon extensive academic expertise and years of experience in the industry. Founded in 2014, MedEngine has a strong presence across the Nordic countries with offices in Helsinki (Finland), Copenhagen (Denmark), and Stockholm (Sweden). Founded in 1997, VCLS provides end-to-end HealthTech solutions to support biotechnology, pharmaceutical and MedTech manufacturers throughout their product development. With offices in the US, France, UK, Switzerland, Denmark, Madagascar, India, and China, VCLS serves a broad range of developers and investors in HealthTech.
Case published 7.11.2023