By Ron Alvarez
Key to effectively responding to IP violations is to have a global intimacy of IP’s exploitation in the marketplace, and the dynamics of government, private organizations, and the mechanisms in place to assist and inform IP holders in order to prevent a breach, and when a breach is identified, to aggressively respond. It requires an intricate understanding of the various U.S. and worldwide IP regulatory and intelligence gathering agencies, IP database resources, policy-making organizations, international treaties, and the laws of foreign governments, as well as the varying capacities of national and international law enforcement units detailed to investigate and track the violators
One basic complication to assessing an IP holder’s security risks and activating strategies to address those risks will, in part, depend on the IP protection laws and the force behind the jurisdictional (foreign and domestic) investigative units. That is why multiple strategies must be proactively established to combat a threat or actual breach when one strikes.
Intimate understanding of global and regional IP theft practices is critical. For example, if the threat originates from a country with an underdeveloped IP protection system, rights holders are forced to develop creative ways to gather intelligence information on their own, and will, by necessity, rely on privately developed sources to meet the threat and/or track the infringers. It is an investigative reality that some global jurisdictions will aggressively follow-up on a lead, while other jurisdictions will essentially require the presentation of a complete investigation before they are compelled to act.
Knowing the subtleties of negotiating the array of jurisdictions; knowing how to bring reliable intelligence to bear on the subject jurisdiction(s), or the influence of IP global intelligence, and enforcement organizations to do the same, is key to an effective IP protection strategy.
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