Intellectual Property refers to any intangible asset that is legally protected by patent, trademark or copyright, or is considered to be a trade secret. Intellectual Property can be the cornerstone of the success of a company and needs to be diligently protected. Failing to protect and maintain the Intellectual Property can result in devastating losses or the potential loss of future rights. Our investigative service focuses on protecting our clients’ intellectual property and brand reputation by obtaining actionable evidence to be utilized to obtain Cease & Desist Orders, to obtain seizure warrants, and in the general prosecution of an offending person or company.
According to the World Customs Organization, counterfeiting and piracy currently accounts for approximately 7% to 10% of all global commerce, having a devastating impact on global markets down to local merchants. Proceeds from counterfeiting are used to fund organized crime groups and terror organizations abroad. The internet has created a haven for distributors and retailers of counterfeit products, specifically with the rise of online auction sites. Taking strong and decisive action against counterfeiters is necessary to establish a precedent of your brand protection and to deter future groups from distributing counterfeit product.
Your trademark brand identity is a valuable aspect of our business. It is what distinguishes you and your product from your competitors. It is also what is immediately recognized by a consumer when they determine the value or failure of the product. Ensuring your Trademark is not used by other entities is crucial to protect the reputation of your company and your product.
Patent / Copyright Infringement
A patent is a right, granted by government, to exclude others from making, using, or selling your invention in Canada. Similarly, copyright laws are made to protect “original works of authorship” in all forms of media. Media duplication is rapidly occurring in all areas of society as advancements in technology have made duplication a rudimentary task. With the rapid growth of the internet and media sharing sites, access to copyright material is exponential and can lead to the dilution of fair market use and value of your property. Through grey markets, legitimate product is diverted to sectors not authorized to sell your property. The manufacture or duplication of patent protected or copyrighted property can devastate the viability of your invention.
Protection of Trade Secrets
Protecting a trade secret is protecting the life blood of the organization. With economic strains causing companies to seek a competitive advantage, and aggressive intelligence gathering by foreign governments, espionage is a growing threat in the protection of critical information and trade secrets. Companies are also targeted internally by employees seeking to establish a competing business. Companies need to ensure a contractual or fiduciary obligation exists with each employee who knows the trade secret, and who owes an obligation of confidence to maintain the trade secret and refrain from its disclosure. Setting strategic policies to identify and subsequently protect trade secrets directly reflects on investor confidence and long term success.
Fake purses, real money: Louis Vuitton’s massive Canadian counterfeiting award
– The Globe & Mail