Tracking IP Infringement via the web

     

<p style="text-align: left;">Managing and defending IP (intellectual property) has long been a crucial activity for many organisations, but as competition intensifies and the cost and complexity of innovation increases, deterrence of IP infringement has become a critical component of business performance.</p>
<p style="text-align: left;"><i>Apple v Samsung</i></p>
<p style="text-align: left;">The recent court battle of <i>Apple v Samsung</i>, involving over 50 lawsuits in 9 legal jurisdictions and relating to a multitude of design and product-related patents, is a perfect example of the use of IP as both an offensive and defensive business strategy. The courts took the infringements very seriously, awarding both billions of dollars in damages and limiting the sale of products in certain markets, but this masks the true intent of the participants; this was a hard-bitten fight for leadership of the near $400bn (2013) global smartphone and tablet market. With super-profits at stake, the competitors used every weapon at their disposal to gain an advantage.<ins cite="mailto:James%20Donahue" datetime="2014-03-25T21:06"></ins></p>
<p style="text-align: left;">Consider the following examples:</p>

<ol style="text-align: left;">
<li>A former employee of yours goes to a competitor. Within days, a video appears on your competitor's website that leads you to believe your former employee revealed confidential IP to your competitor.</li>
<li>Your trademarked logo is showing up on the Facebook site of another company that operates in a business similar to yours. You believe that company is infringing on your trademark with its social media presence.</li>
<li>Your company operates in a highly competitive market, and you want to stay aware of possible IP infringements by your competitors AND you want support for freedom to operate decisions for your own R&amp;D efforts.</li>
</ol>
<p style="text-align: left;">On-going IP protection</p>
<p style="text-align: left;">The Apple v Samsung case demonstrates the increasing importance of IP to profitability and market share. So whilst many organisations instinctively seek IP protection via the patent process or trademark protection, the IP protection process cannot be considered a one-off event. Monitoring IP infringement is an ongoing activity and a particularly important one in a globalized marketplace.</p>
<p style="text-align: left;">The role of web-based evidence</p>
<p style="text-align: left;">Evidence is not always easy to come by, particularly as most IP infringers don’t want to shout about it. However, they do want to promote their products, which is why evidence collected from the web is becoming increasingly useful. Legally admissible evidence collected via the web can be a cost effective way to bring an action of IP infringement, although you must also guard against the immediate disappearance of the evidence from the live web. This is where legally defensible web archiving comes into it’s own. Recording an ISO standard copy of the original web evidence provides you and, in the event of litigation, the court with the information needed to reach a swift and accurate judgment in your favor.</p>
<p style="text-align: left;">Find out more</p>
<p style="text-align: left;">If you’d like to find out more about on-going IP protection and the collection of web-based evidence of IP infringement in a cost effective manner, contact us at <a href="http://www.hanzoarchives.com/contact-us/">Hanzo Archives</a>.</p>

About The Author

Jim focuses on market strategy, product expansion and business development for the company’s enterprise web and social media archiving products and solutions. Previously, Jim was Vice President Enterprise Management for Merrill Corporation and Vice President of Sales and Marketing for Lextranet, a leading provider of eDiscovery document hosting solutions for law firms and corporate legal departments, acquired by Merrill in 2007. Jim graduated from the University of Pennsylvania’s Wharton School of Business and later served as a deep-sea diver in the U.S. Navy.