“Succession planning isn’t about replacing someone – it’s about preparing the organisation for the future.” – Jack Welch – former CEO of General Electric
Succession planning is rarely top of mind in business.
Being focussed on growth (and survival), start-ups have other priorities. Yet they are highly dependent on just a handful of key individuals, and are often vulnerable if a key person leaves or otherwise cannot contribute.
Mature businesses with founders wanting to retire, often realise (too late) that they have not structured their “legacy” business to be sold as a viable concern, if they are not personally involved.
Succession planning features in many IP strategies and is something that should be top of mind from the perspectives of both risk mitigation and realising greater value when the owners want to exit
Succession planning is more than just handing over the reins – it is about ensuring business continuity, protecting valuable intellectual property (IP), and safeguarding the knowledge and reputation that underpin an organisation’s success. Below are key IP-related considerations for building a resilient and future-proof succession strategy.
Tidying the IP Portfolio
IP makes up over 90% of the value of an organisation and should be clearly represented in any business sale.
Ideally IP should be clearly owned by the organisation and not encumbered by any conditions such as licences, employee shares, and inventor rights. Any contracts with employees, contractors, and partners need to ensure that IP ownership and rights are retained.
Further licensing agreements should be reviewed to ensure they remain beneficial, enforceable and transferrable.
A well-documented IP portfolio ensures clarity and prevents ownership disputes during a transition. Such documentation might include a register of all IP whether formally registered or not – such as patents, trade marks, copyright, trade secrets, and domain names.
Institutional Knowledge
Preserving institutional knowledge reduces the risk of IP loss when key people leave.
Key individuals with critical institutional knowledge need to be identified and their knowledge documented. Too often expertise resides only in the heads of staff or is recorded in eccentric personalised systems which are less accessible to others.
Loss of institutional knowledge can be mitigated by
- Developing standard operating procedures (SOPs) for proprietary processes.
- Implementing mentorship and training programs to pass on specialised knowledge.
- Appointing an ‘acolyte’ to follow in a key person’s footsteps.
Brand transitioning
A well-managed brand ensures continuity in market presence and customer trust. In mature businesses, brand value is their most valuable asset. For example, the Apple brand alone (not its patents or more tangible assets) is currently estimated to be worth just under a trillion US dollars!
However, many businesses (particularly service industries) are built around a personal brand relying upon founders with a strong public profile. Customers expect to interact with a founder and can be disappointed when that does not happen.
Brand strategies should therefore encompass the transitioning of the personal founder brand to more generic organisational branding. Founder elements (such as quirky sayings) can still remain but be used throughout the marketing collateral and not just originate personally from the founder. If the founder appears on videos, avatars could be considered for future videos.
Introducing customers to others within the organisation can also aid the transition from an active founder to the next generation of leaders.
Brand guidelines and reputation management strategies should also be in place along with clear policies for brand usage to maintain consistency post-transition.
Work with Experts
There are experts that specialise in succession planning. Seek them out. But also make sure that they understand the intellectual property considerations. If not, then add an IP expert to the mix.
Expert guidance can ensure a seamless transition and maximise IP value. Leverage professional networks to develop a well-rounded transition plan.
Final Thoughts
Succession planning with an IP focus is not just about preparing for leadership changes – it’s about future-proofing an organisation’s most valuable assets. By documenting, protecting, and strategically managing IP, you can ensure a smooth transition that preserves innovation, brand strength, and competitive advantage.
