Intellectual Property Theft – Is Your Business Protected?
Managing Attorney at Scottsdale Medical Negligence Attorneys
Intellectual property theft is often portrayed as somewhat elaborate and dramatic, involving complex and elaborate schemes. In reality intellectual property theft is less complex and easier to pull off- more so if a business is not guarded against the likelihood of this occurrence.
Destroying businesses unobtrusively
Identity theft and intellectual property theft are among the more risky and daunting types of business theft. Generally this involves intangible products of a company such as vital business plans being stolen by employees, who then proceed to sell them as their own or as a service under the name of the company. Both these practices are illegal, can cost the company thousands of dollars in real terms.
Businesses unprepared for intellectual property theft
So why do identity theft and intellectual property thefts occur? Probably the main reason for business theft is that businesses are unprepared for such thefts, and business owners are too trusting of their employees. Most business owners also believe it will not happen to their business. Sadly, this attitude is not the right one to have and it's wise to put in place a strategy to prevent business theft before it strikes.
Whether it's a trademark, patent or copyright material, intellectual property stands the risk of being pirated. Identity theft and intellectual property theft are responsible for billions of lost dollars each year. In most developed countries the intellectual property of a company is protected by the help of various laws. Enforcement of the laws, however, is entirely another matter. Intellectual property theft victims must notify authorities about the theft. Even while doing so, they may have to pursue the case themselves until reaching a settlement.
Protecting your intellectual property
The first step a company should take is implementing an ongoing monitoring program to search for its intellectual property theft. One way of doing this to regularly check online sites like Amazon, EBay and visit tradeshows and retailers to identify if the company's material is being used illegally.
Upon detection of violations, the results of the findings must be clearly documented. Photographic and physical surveillance methods, interviewing witnesses and purchases of pirated material are some way of obtaining evidence of the theft.
You may then wish to pursue a litigation process. Whether you prefer to pursue a civil remedy or wish to refer the matter to law enforcement, your company must continue to support the selected action by providing supporting documentation in evidence of your rights to the material being protected. In essence you must remain firmly committed to defending your intellectual property.
While obtaining a settlement is a victory in itself actually recovering damages is quite another story. Often further investigation is necessary to find hidden assets and force their reinstatement.
Intellectual property theft and identity theft are problems that are worsening with the proliferation of technology. Implementing a mechanism to combat intellectual property theft may be daunting, but help in the form of investigative firms is widely available. The cost of using the services of one of these firms may cause a business owner to think twice, but is worthwhile considering that the option is to remain a victim of the theft.