Preventing Infringement of Intellectual Property (IP) Rights in

the Workplace

Awareness raising to how to prevent infringement within [business name]

September 2011- Managers -

What are our objectives?

• To raise awareness of Intellectual Property (IP) rights and what is infringement;

• Understand the importance of not infringing the IP rights of others;

• To know what activities constitute infringement;

• Be aware of the business’ own policies, internal procedures;

• Are confident on how to tackle IP rights infringements if they occur.

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What is intellectual property (IP) rights?

• Intellectual Property (IP) rights are:

– Trade Marks; – Copyright; – Designs and – Patents.

• IP rights are a valuable intangible asset for a business

• [Add your own companies IP rights]

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What does infringement mean?

• Infringement is a legal term for an act that means breaking a law.

• IP rights are infringed when a product, creation or invention protected by IP laws are exploited, copied or otherwise used without having permission or allowance from the IP rights owner.

• An infringement of those rights can be dealt with using ‘civil’ law, “criminal” law or both.

• Civil law – IP rights owners take action in the civil courts.

• Criminal law – enforcement agency i.e. trading standards, police investigate and take action.

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What is IP crime?• IP crime is also known as:

– “counterfeiting” the infringement of trade marks– “piracy” the infringement of copyright materials

• Criminal IP offences may involve:– Staff selling copies of IP protected works and fake products within

work;– Using the internet to sell infringing products;– Running filesharing software or making available infringing content to

the internet– Using unlicenced software

• IP crime activities are generally actioned by an enforcement agency.

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Why should you not infringe IP rights?• Infringing the IP rights of others may make you liable to:

– a potential fine of up to £50,000;– a possible custodial sentence of up to 10 years;– the confiscation of assets– internal disciplinary proceedings.

• Having a criminal record could inhibit future employment opportunities.

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The effects of IP rights infringement on your business?• IP infringement presents several risks:

– Legal liability– Security risks– Reputational risk– Resource implications

• IP crime threatens legitimate businesses.

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Responsibilities of a job holder

• Be aware of the issues/consequences and relevant corporate policies.

• Communicates to managers and other staff on issues.

• Do not participate in activities within the workplace.

• Acts quickly when a problem arises.

• Notifies relevant people and enforcement agency.

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Role of the manager• Are aware of the value of IP rights and the impact of infringement to staff and

[insert business name];

• Manage risk;

• Identify activities that can infringe IP rights;

• Know the internal policies, procedures and support available;

• Communicates the above to employees;

• Plans for problems;

• Acts quickly when a problem arises;

• Notifies internal personnel and enforcement agency.

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What can [business name] do?

• Create an IP crime awareness programme at all levels of the business;

• Ensure an up to date IP compliance policy;

• Communicate the policy to everyone including

– During induction process

– Management training

• IT role – internet use policy

• Conduct an IP audit

• Finance role – risk management

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What you can do if prevention fails?

• If you are made aware of IP rights infringement you should take action immediately.

• You should consider taking legal advice.

• You might be able to negotiate a settlement with the ‘injured party’ and avoid further action.

• Review policy and procedures and if necessary revise.

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What are our policies?

• [Insert Business policies, disciplinary procedures, processes and points of contacts]

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Further information• Internal:

– [Insert links to intranet guides and policies]

• External:– Intellectual Property Office www.ipo.gov.uk– Business Link www.businesslink.gov.uk– Consumer Direct www.direct.gov.uk– Trading Standards www.tsi.org.uk

• Preventing Infringement of Intellectual Property (IP) Rights in the Workplace e-guide and tools www.ipo.gov.uk/ipenforce-workplace.htm

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