Criminal referrals as effective tool in brand protection

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. Defending intellectual property and brand is an increasing challenge for US companies. Companies need to take precautionary st...

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Bibliographic Details
Published in:The National Law Journal & Legal Times 2012-04, Vol.34 (32), p.35
Main Authors: Webb, Dan K, Adkins, Robb C
Format: Article
Language:English
Subjects:
Business government relations
Criminal investigations
Government agencies
Intellectual property
Law enforcement
Online Access:Get full text
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Summary: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. Defending intellectual property and brand is an increasing challenge for US companies. Companies need to take precautionary steps in preserving evidence to ensure that there is a foundation for a prosecution and that the criminal referral is effective. Part of the underutilization of criminal referrals is due to the perception that enforcement authorities are either unwilling or unable to bring criminal cases involving intellectual property violations. It is critical to an effective criminal referral to understand which facts are important to support a criminal case against identified targets and how to properly preserve potential evidence. Corporate counsel may be surprised to find that this is an area where certain government enforcement agencies are eager to assist.
ISSN:2163-8756