Intellectual Property Protection and Enforcement Manual - Ipr-policy.eu

Identification of Stolen Intellectual Property
IP owners should assist law enforcement officers in identifying stolen intellectual property. Law
enforcement may call upon an owner representative or expert to examine items obtained during an
investigation to determine their origin or authenticity. Moreover, prosecutors typically seek testimony
from the owners at trial. In certain investigations, law enforcement agents may want to have an IP
owner present during the execution of a search warrant to help the agents identify specific items to
be seized. In those circumstances, the owner’s activities will be strictly limited to those directed by
supervising law enforcement agents.
Results of Internal Investigations or Civil Lawsuits
With Law Enforcement
IP owners should provide law enforcement with information gathered as a result of internal
investigations into instances of IP theft. Furthermore, unless the proceedings or the information
have been ordered sealed by a court, owners may generally provide law enforcement with evidence
or materials developed during civil IP enforcement actions, including court pleadings, deposition
testimony, documents, and written discovery responses.
Law Enforcement Task Forces
Federal, state, and local law enforcement agencies and prosecutors have formed task forces to combat
IP crime and to promote information sharing between government and industry. Examples include
Secret Service Electronic Crimes Task Forces and FBI “Infragard” chapters. Additionally, many areas
have high-tech crime task forces that investigate IP theft. Members of the IP owners’ community are
encouraged to participate in these organizations to establish law enforcement contacts that will enable
law enforcement to respond quickly to incidents of IP theft and other crime.
Law Enforcement Education and Training
Intellectual property owners can help protect against counterfeiters by educating law enforcement
officials about the their brands, product lines, and mechanisms for determining whether suspect
goods are, in fact, counterfeit. Effectively trained law enforcement officials, who are on the lookout
for counterfeit goods, can supplement an IP owner’s external monitoring program.
Preparation
Have an internal procedure in place on how the company will deal with counterfeit products. Determine
who is responsible for the process and who will deal with outside law enforcement. The first instance of
discovering counterfeit products is not the time to start researching who to contact. Develop a working
relationship with local law enforcement as well as with appropriate federal and state law enforcement.
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