Intellectual property (IP) rights can be a very convoluted issue. It not only includes the theft of technology but the infringement of various rights that protect that property and the business enterprise. IP is the most important asset a company may possess.
Intellectual Property Examples
• Trademarks are what identify a company and its services and products. From General Electric to Procter and Gamble the trademarks have value and assist any company in marketing. It includes the name, logo, slogan, design or some combination of these that identifies and distinguishes a company or individual from your competitors.
• Copyrights is “a form of protection provided by the laws of the United States for “original works of authorship”, including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. “Copyright” literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright.” (US Copyright Office).
• Patent theft and disputes. In the competitive atmosphere of business, it is inevitable that disputes over patents would occur. This involves technological innovation and is the root of Intellectual Property Rights investigations. Technological transfer is the method of foreign governments and competitors to acquire new technology through espionage. Patent law has shifted from “first to invent” to “first to file.”
• Trade dress, i.e. packaging. Distinctive look of various product packaging that communicates the source of the product to the consumers.
• Industrial design theft. During the development of a product there is the design phase, not only of the product but the molds, dies and other necessary machinery to manufacture it.
• Trade secrets refers to a formula, process, technique or collection of information that is not generally known or available to the public. Trade secrets lose their value once they are reveled to a competition or the public.
Purishment of Intellectual Property Cases
The problem with criminal prosecution is the value. How do you determine the value of intellectual property? IP has value of course but it is intangible. There is no intrinsic value or established market value. Is it petty theft, under $300 or is it more, then becoming a felony. Most of the above situations are addressed through civil court processes.
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Of primary concern to the electronics industry, intellectual property rights violations can affect any commercial enterprise, not just computers or electronics. The principle vector for loss of technological innovation is through a disgruntled employee. The private investigator is in a unique position to investigate these violations. More so than state enforcement. Working close to the attorney they can direct their investigations to plug holes, turn up facts that assist in establishing ownership of technology and improve the chance of successful litigation. Unlike law enforcement the private investigator is empowered to investigate civil matters that most police agencies don’t have time to investigate or are prohibited from doing. Advanced Private Investigator & Security of Miami, FL can handle all your private investigation and security needs. Contact us today!
