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According to the World Intellectual Property Organisation, intellectual property (IP) consists of "creations of the mind." These include inventions, literary and artistic works, designs and images used by businesses or individuals. The main types of IP are patents, copyrights, trademarks and designs. Inventors and creators are entitled to earn profits from their IP. Unfortunately, while some forms of IP are not as tangible as other forms of property such as land, there is a growing problem of IP Theft, Worldwide.

To assist individuals and businesses with protecting their IP rights, IP investigators typically provide the following services for brand owners and their legal teams:


* trademark research
* audit of royalties
* forensic analysis of seized evidence                                                    
* surveillance of items being shipped and locating them once shipped

What types of IP are criminals targeting?
Counterfeiting and piracy are the two main categories of IP crimes Worldwide. Counterfeiting involves branded goods protected by trademarks such as designer clothing, footwear, accessories, pharmaceuticals, tobacco and alcohol. Piracy involves items protected by copyright such as music, film, computer games, and software. Other crimes include the unlawful sale of trade secrets and product creation processes.

The size and scope of these crimes (IP Thefts) have grown in recent years. Consider the following statistics from the International Anti Counterfeiting Coalition:


* Counterfeiting has grown over 10,000% in two decades, costing U.S. businesses at least $200 billion annually
* Since 1982, the global trade in illegitimate goods has increased from $5.5 billion to approximately $600 billion annually

According to U.S. Customs, the number one counterfeited item seized in the last few years continues to be footwear. However, there are many other products increasingly counterfeited.
These crimes do not just affect the financial profits of businesses. They also pose a threat to health and safety as well. This in turn could lead to damaging effects on your business. Whilst these figures are from the US it is not only them suffering as a result. Recently in the UK it was reported that one of the top 3 major supermarkets was indeed selling wine that was falsely labelled and corked. They were unknowingly selling it at a knocked down price because they were able to puchase it at heavily discounted price. It took a wine expert to point out to them that what they were selling was actually a cheap bottle of plonk.

The World Health Organisation estimates that as much as 50% of medicines purchased over the Internet are counterfeit. Many of these have additives that are normally used in rat poison and such like.

Where is IP Theft prevalent, and why is it spreading so quickly?


The United State Trade Representative’s annual Special 301 Report regarding the adequacy and effectiveness of IP rights protection by U.S. trading partners in 77 countries lists several countries in its Priority Watch List. These include China, India, Indonesia, Russia, and Venezuela. According to U.S. Customs, seizures of IP-infringing products from China accounted for 79% of the total domestic value of all IP seizures. But even European countries have problems with enforcing IP rights when it comes to the illegal sharing and downloading of files online.

To add to the spread of IP crimes, a growing trend involves organised criminals using profits from counterfeit and/or pirated products to fund other criminal activities such as terrorism and drug trafficking. This is due to the high financial gains with low investment and low risk of being caught. In fact, penalties imposed in many countries are too low to offer any form of deterrence.

Who hires IP Theft Investigators?


While some potential clients seek preventive services in order to avoid IP infringements before they occur, most will approach an IP Investigator after their IP rights have been violated.

While IP thefts and infringements tend to affect mostly the big brand names and companies, smaller businesses can also be the target of IP theft. IP crimes are expected to continue growing until tougher laws are adopted and enforced Worldwide.

If you believe your company has been or potentially is a target then call us on 0800 0439 324 for further assistance and or advice.

 
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