Responding to IP Theft
This playbook outlines a sequence of steps to take when confronted with the theft or misappropriation of intellectual property (IP). It covers various actions ranging from initial response, protection measures, to seeking legal recourse.
Step 1: Assessment
Conduct a thorough assessment to confirm that intellectual property has indeed been stolen or misappropriated. Gather all relevant evidence, documentation, and any potential witnesses.
Step 2: Record Evidence
Secure and make copies of all evidence relating to the potential theft. This includes digital files, access logs, emails, and any other information that supports your claim.
Step 3: Internal Review
Initiate an internal review to determine the extent of the theft and the potential impact on the business. Engage with relevant departments such as IT, legal, and human resources.
Step 4: Legal Consultation
Seek advice from an attorney specialized in intellectual property law to understand your rights and options for legal action. Discuss the potential for civil litigation or criminal charges.
Step 5: Protect IP
Implement additional security measures to prevent further theft and safeguard the intellectual property. Update passwords, access controls, and consider technical solutions like encryption.
Step 6: Notify Stakeholders
Inform all relevant stakeholders about the situation, including employees, business partners, and customers as appropriate. Maintain transparency while protecting sensitive details.
Step 7: Public Statement
If necessary, prepare a public statement that addresses the theft and outlines the steps your organization is taking. Ensure the message is consistent and legally vetted.
Step 8: Enforce Rights
Take legal action as advised by your attorney. This might include sending cease and desist letters to the infringing party, filing a lawsuit, or working with law enforcement if criminal activity is involved.
Step 9: Monitor Situation
Continuously monitor the situation and the effectiveness of the measures taken. Adjust strategies as needed and remain vigilant to prevent future occurrences.
Step 10: Review Policies
After the situation has been addressed, review and revise company policies and training programs to strengthen IP protection and avoid similar incidents in the future.
General Notes
Confidentiality
Maintain confidentiality throughout the investigation to protect the integrity of the evidence and the reputation of any individuals involved.
Documentation
Keep meticulous records of all steps taken in response to the IP theft, as these may be important in any legal proceedings.
Collaboration
Collaborate with other companies and industry groups that may have experienced similar issues to share information and strategies.