Attacks on intellectual property, from counterfeiting to theft of trade secrets, is a multibillion-dollar problem affecting companies worldwide. This is especially true in the high-tech industry. And yet many companies overlook one of the most powerful tools to combat this problem — criminal referrals — or pursue them without sufficient experience to be effective. In appropriate cases, making an effective criminal referral can lead to the strongest message of deterrence, along with forfeiture and restitution to the victimized company.
This article explores how statutory tools are best combined with effective criminal referrals to provide the greatest protection for companies and their intellectual property. As further detailed below, although attacks on intellectual property are on the rise, it is also an area where the partnership between the government and private companies can, in appropriate cases, help prevent incursions, properly preserve potential evidence and ensure that the right steps are taken — and the wrong steps avoided — in making an effective referral for criminal prosecution.
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