The intellectual property investigation service is pivotal in safeguarding creative works and innovations. It addresses issues like copyright infringement, patent violations, and unauthorized use of trademarks, ensuring that the rights of creators are protected.
Specifically, Intellectual Property (IP) includes a broad spectrum of creative outputs, from music and writing to inventions and software. Therefore, you must understand its framework to investigate your IP rights in legal matters.
Why Intellectual Property Investigation is Important
First, let’s explore why these investigations are essential, focusing on the importance of understanding intellectual property and the crucial task of revealing violations below:
1. Intellectual Property Defined
IP Investigations become essential due to the intangible nature of intellectual property, its high development costs, and its susceptibility to easy duplication.
2. Unveiling IP Violations
The rise of technologies, especially the internet, has escalated the risk of IP rights violations.
As the solution, IP Investigations address a spectrum of issues, from copyright abuse to patent infringement, unauthorized use of trademarks, trade secret breaches, data breaches, and product copying
Who Initiates IP Investigations?
So, who initiates the investigation? In general, here are the typical initiators who conduct IP investigations:
1. Stakeholders and Their Interests
Entities and individuals with valuable IP assets, such as film producers, gaming studios, and small businesses, have a vested interest in the security and protection of their creations.
These stakeholders may initiate IP investigations when they sense a threat to their intellectual property.
2. Intellectual Property Office
Several countries generally have Intellectual Property Offices to administer patents, copyrights, trademarks, and other IP types. IP owners must take legal action to enforce their rights, often resorting to the court.
Most Common Types of IP Investigation
According to the methods, there are two common types of IP investigation, including the following:
1. IP Infringement Investigations
IP infringement involves the unauthorized use of trademarks, patents, copyrights, or other types of IP.
For this case, private investigators collaborate with lawyers to identify and gather evidence against individuals or entities involved.
2. Counterfeiting and Piracy Investigations
Counterfeiting is the unauthorized knock-off of legitimate products, often involving trademark infringement. Meanwhile, piracy refers to copyright infringement, including illegal downloads of music, movies, or other copyrighted works.
Collaborative investigations involving investigators, lawyers, law enforcement, and brand owners are crucial to addressing these implications.
Techniques Used to Conduct IP Investigation
During intellectual property investigation, an IP investigator may utilize various research tools and techniques, including:
- Background and financial investigation on potentially involved individuals or businesses.
- Geographical surveys to identify trademark infringement and counterfeit goods in certain areas.
- Digital forensic techniques to pinpoint responsible parties.
- Data preservation for safeguarding data and devices linked to potential suspects.
- Covert investigation for obtaining evidence through undercover operations, including product samples and photographic proof.
- Witness testimony from individuals with relevant information.
- Surveillance for monitoring individuals and locations of interest.
- Patent and trademark research to identify competing products.
- Employee investigations, especially to individuals who left the company or have access to intellectual property.
- Competitor monitoring.
- Cataloging and documenting seized products for proper evidence handling.
Additionally, for suspected online counterfeiting, the investigation methods may include:
- Online auction monitoring to keep an eye on counterfeit products on auction websites.
- Website and domain searches.
- Supply chain investigations to identify sellers, manufacturers, distributors, and others involved.
Am Badar’s Litigation and Dispute Service is the solution for comprehensive intellectual property investigation. For further information about IP-related legal services, visit our insights page, service page, or contact page!
Reviewed Wulan Chorry Shafira & Nabil Argya Yusuf