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Discussion 6: Intellectual Property Theft

Intellectual property theft involves illegally using others' creative works or innovations without permission. There are four main types of intellectual property: trademarks, patents, copyrights, and trade secrets. If your intellectual property is stolen, you can first ask the infringer to stop, and if that doesn't work you may need to take legal action. The level of legal protection depends on the type of intellectual property - copyrights can use DMCA takedown notices while patents may require review by the USPTO. Intellectual property theft can lead to criminal charges, fines, and loss of licenses.

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77 views3 pages

Discussion 6: Intellectual Property Theft

Intellectual property theft involves illegally using others' creative works or innovations without permission. There are four main types of intellectual property: trademarks, patents, copyrights, and trade secrets. If your intellectual property is stolen, you can first ask the infringer to stop, and if that doesn't work you may need to take legal action. The level of legal protection depends on the type of intellectual property - copyrights can use DMCA takedown notices while patents may require review by the USPTO. Intellectual property theft can lead to criminal charges, fines, and loss of licenses.

Uploaded by

Ken Cheruiyot
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Discussion 6: Intellectual Property Theft

Intellectual property theft (IP theft) means the piracy of people or organizations of their concepts,
designs, and creative expressions (i.e., their IP). There are four major kinds of IP, which are; trade
codes, logos, copyrights, and patents. IP can cover everything from exclusive commodities and
components to movies, music, web content, enterprise processes, and software. The World Intellectual
Property Organization describes IP as “formulations of the mind,” such as creativity, literary and
artistic activities, logos, titles, photographs, and designs applied in business (AWAKE, 2020).

Produces to claim Intellectual Theft

If your intellectual property is utilized without your consent or is looted, there are certain procedures
you can follow to claim them.

Usually, the initial step to take is to request the individual who is utilizing your intellectual property
without consent to stop utilizing your intellectual property. The individual likely did intellectual theft
without aiming to do so. If this is the case, the individual will potentially stop utilizing your intellectual
property or accept to purchase the rights of your intellectual property (Behr, et al 2019).

If inquiring the individual who did intellectual heist to stop doesn't function, you may have to take an
alternative to legal action. Even if you don't aim to sue the individual who loots your intellectual
property, the risks of a lawsuit usually encourage them to return or stop utilizing the intellectual
property. IP heist is a costly problem that impacts enterprise financially in the US billions of dollars
yearly, so the FBI has taken roots recently by doing the research and prevention of this problem more
of a priority (FBI, (2020).

Protection of Different kinds of Intellectual Property

The securing of intellectual property from heist relies on which kind of intellectual property you're
attempting to safeguard. Each kind has a unique level of security under the law. Some violation of
intellectual property law is even taken as criminal (De Groot, 2020).

Protection of Copyrights
For copyright possessors on the digital property, you're secured under the Digital Millennium
Copyright Act or DMCA .

This law enables the possessor of the looted copyrighted property to send a "removal" notice to the
individual who is utilizing the copyrighted property without the owner's consent. A removal notice
looks like a cease and desist letter. The removal notice can be transferred to the possessor who is
utilizing the property, search engines, and ad networks (S., 2018).
Protection of Patents
A patent possessor has the individual right to auction and utilize their patented creation. If an individual
utilizes or sells their innovation without their consent, that's a patent violation. If you possess a patent
and believe that somebody has been given rights of a patent that violate yours, you can raise your
concerns to the United States Patent and Trademark Office or USPTO for an inquiry for
reconfirmation. Several patent violation cases will be apprehended in federal court (Miller, M. 2018).

Legal Repercussions of Intellectual Property Theft

If you can note the individual who loots your intellectual property and take them to court, there are
some severe punishment for the act. Several intellectual property complaints are taken as federal cases,
making them federal crimes (LaPedis, R. 2018).

The potential implications of intellectual property loot are:


 Criminal fee
 Imprisonment
 Seizure of the looted intellectual property
 Civil fines
 Deferment or loss of a working license held by an enterprise

The legislation around intellectual property security comes with severe, huge punishment for
infringement. Many complaints of IP heist and violation of securing will be taken to federal court,
which implies severe penalties.
REFERENCES

AWAKE, (n.d.). (2020). Intellectual Property (IP) Theft. Awake Security. Retrieved from,
https://awakesecurity.com/glossary/intellectual-property-theft/

Behr, A., and Slater, D. (2019). Intellectual property protection: 10 tips to keep IP safe. CSO. Retrieved
from, https://www.csoonline.com/article/2138380/intellectual-property-protection-10- tips-to-keep-ip-
safe.html

De Groot, J. (2020). What is Data Classification? A Data Classification Definition. Digital Guardian.
Retrieved from, https://digitalguardian.com/blog/what-data-classification-dataclassification-definition

FBI, (n.d.). (2020). Intellectual Property Theft/Piracy. Federal Bureau of Investigations. Retrieved
from, https://www.fbi.gov/investigate/white-collar-crime/piracy-ip-theft

LaPedis, R. (2018). What are Separation of Duties and Least Privilege? Micro Focus. Retrieved from,
https://blog.microfocus.com/separation-of-duties-and-least-privilege/

Miller, M. (2018). How Separation of Privilege Improves IT Security. Beyond Trust. Retrieved from,
https://www.beyondtrust.com/blog/entry/how-separation-privilege-improves-security

S., D. (2018). Security by Design Principles according to OWASP. Threat Press. Retrieved from,
https://blog.threatpress.com/security-design-principles-owasp/

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