1. Preventing Infringement of Intellectual Property (IP) Rights in the Workplace Awareness raising to prevent infringement within [business name]
September 2011
- Staff -

2. 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 businesses own policies, internal procedures;
Are confident on how to tackle IP rights infringements if you witness an activity.

3. 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]

4. 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 right owner.
An infringement of those rights and can be dealt with using ‘civil’ law, “criminal law” or both.
Civil law – IP right owners take action in the civil courts
Criminal law – enforcement agency i.e. trading standards, police investigate and take action.

5. 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.

6. 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

7. 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.

8. 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.

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

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. 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