Preventing Infringement of Intellectual Property (IP) Rights in the Workplace Awareness raising to how to prevent infringement within [business name] September 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. 2

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] 3

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. 4

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. 5

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. 6

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. 7

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. 8

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. 9

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 10

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. 11

What are our policies? [Insert Business policies, disciplinary procedures, processes and points of contacts] 12

Further information Internal: – [Insert links to intranet guides and policies] External: – Intellectual Property Office – Business Link – Consumer Direct – Trading Standards Preventing Infringement of Intellectual Property (IP) Rights in the Workplace e-guide and tools 13