...Running head: CYBER-ESPIONAGE AND INTELLECTUAL PROPERTY THEFT 1 Cyber-espionage and Intellectual Property (IP) theft: An overview of the rising threat and the potential responses by both the U. S. Government and U.S. Businesses Matthew Doyal Kennesaw State University Spring 2014 IS 8200 – Legal & Ethical Issues in IS CYBER-ESPIONAGE AND INTELLECTUAL PROPERTY THEFT Abstract 2 Society and business have become increasingly dependent upon data in the constantly connected world where everything that is said and done online leaves behind a massive ever-growing bread-crumb trail of information. With this ever larger quantity of data being transmitted on a range of devices as well as third party service providers being increasingly relied upon to store it; the threat of loss of confidential and sensitive data continues to expand exponentially (Online Trust Alliance, 2014, p. 3). “Breaches and data loss incidents have become a fact of life for organizations of every size and throughout the public and private sectors” (Online Trust Alliance, 2014, p. 4) making no organization immune. Given the growth of data and, therefore, data breaches the threat to the U.S. economy and individual U.S. businesses from trade secret theft is real and growing, therefore; a multi-pronged approach must be implemented by the public and private sectors alike. “Businesses must do their part to harden their cyber defenses, but the “take-home message here is that protecting IP from ‘them’ is an...
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...Theft of intellectual property at Trig Enterprises, Inc. Librium Author Note This paper is being submitted on November 19, 2015, for Kevin Harris’s ISSC351-Computer Forensics course. Trig Enterprises, Inc. is an international supplement dietary company and it is located in St. Louis. In 2006, a newly designed and ready to manufacture product was comprised. One of the Trig’s competitors released the very similar product on the market before Trig did. A short time later, it’s found that the competitor’s website was very similar to the Trig’s website. This raised a flag about the company’s 22-year old graphics designer, Kevin K. The CEO of the company, contacted the IT department to monitor his computer/laptop and email accounts, his VOIP phone and wireless devices if there was any suspicious activity. IT department scanned his emails for the last a couple of years. No questionable information found. IT department continue to monitor his devices and emails for about three months. While he was under surveillance, another similar event happened. This time a product on the manufacturing process was compromised. This caused the company millions of dollars. CEO did not a choice but the contact the local police. After contacting the local police, the police’s compu In 2006, 22-year old graphics designer, Kevin K., suspected to leak the extremely important corporate data to its competitors. The owner of the company tries to solve the issue with...
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...(2015). Intellectual property theft: Get real. Retrieved, September 20, 2015, from http://www.ncpc.org/topics/intellectual-property-theft/facts-and-figure ARTICLE SYNOPSIS America is not only the richest country globally, but also the source of many innovations. The high number of innovations in America makes the country the greatest producer of intellectual property related to patents and copyrights. Intellectual property is very important to the United States because it significantly contributes to the development of national economy. However, inventions in America are facing the challenge of intellectual property theft. In the year 2014, the value of fake products such as electronic equipment, CDs and DVDs was 7 percent of world trade. With the advent of e-commerce, the rate of intellectual property theft has been on the rise. According to the United States Food and Drug Administration, the number of fake pharmaceutical products entering the United States has increased by 90 percent since the year 2005. The nature of impact that intellectual property theft brings to the United States calls for great need of implementing solution strategies (National Crime Prevention Council, 2015). LEGAL ISSUE Online pharmacies are among the leading organizations in intellectual property theft in the United States. Majority of these companies claim to be located in Canada, and they contribute to more than 50 percent of fake drugs that enter the United States. Intellectual property theft...
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...Intellectual property rights provide the foundation for building and extending markets for new technology. Economists and policymakers are progressively realizing that to manage and encourage technological progress, there is a need of a framework of legal institutions that promotes its benefits but also limits its excess. The paramount difficulty of companies and individuals engaging in development of new technology of any kind is appropriating the fruits of their labor. In developed market economies, in spite of the presence of substantial intellectual property rights, the widespread imitation of intellectual property deems them imperfect and inadequate. Lax enforcement of domestic laws and regulations, and the absence of international treaties concerning the protection of international property rights further aggravate the problem. The framework and implementation of intellectual property rights shapes the success of major industries ranging from computer software, biotechnology to entertainment as it determines how they can market their products. Intellectual property is expensive to create but easy to reproduce. The fixed cost of producing intellectual property is high, but its marginal cost is low. For example, the research and development of a drug can cost billions of dollars, but its reproduction can easily be done at low costs. Lack of protection gives rise to free riding on the innovator’s production and kills the innovator’s incentive to produce more. Registering...
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...Intellectual Property Theft in the Automotive Industry Scope, Trends, and Mitigating Strategies Table of Contents Introduction………………………………………………………………………………..3 Scope of Intellectual Property Theft………………………………………………………3 Intellectual Property Theft and China……………………………………………………..4 Intellectual Property Theft in the Automotive Industry…………………………………...5 The Subtle Pick-Off……………………………………………………………….5 Piracy and China’s Global Emergence…………..………………………………………..6 Consequences of IP Theft…………………………………………………………………7 Mitigating Strategies………………………………………………………………………7 The Autoweb Intellectual Property Exchange…………………………………………….8 Fusion-DX………………………...………………………………………………9 GlobalSource………………………………………………………………….…..9 Data Integration Services……………………………………………………….…9 GlobalSource...………………………………………………………………….…9 Integrated Translations…………………………………………………………….9 Autoweb Company Overview……………………………………………………10 Bibliography………………………………………………………..……………………11 www.autoweb.net 2 Introduction I ntellectual Property protection in the manufactured goods sector is not a new idea. Laws prohibiting manufactured goods counterfeiting and piracy activities existed as far back as the Middle Ages when bakers, artisans, and craftsmen used distinctive marks to distinguish their products and work from would-be counterfeiters. The general problems associated with modern day counterfeiting and intellectual property piracy have long been recognized, yet today’s high-tech economy has magnified the problem of...
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...Chapter 5 talks about intellectual property theft which is the result of any creative or innovative endeavor from a human and the expression of this endeavor like books, recording and choreography to name a few. With technology being a big part of our lives intellectual property theft is integrated into copyright statues. Intellectual property theft laws in the United States grant the exclusive ownership the rights to use produce and distribute creative work to the creator or author. There are four types intellectual property which are copyrights, patents, trademark and trade secrets. Copyrights deal with forms of creativity in communication like novels, music, songs and movies. Patents protect new invention and cannot be exploited without the authorization of the patent owner. Trademarks are designed to individualize goods to distinguish the source like a symbol, logo and a slogan. Before you can combat the theft of intellectual property theft we need to know what’s behind the motivation of the behavior of theft. Some believe that low self control is a result behind theft. With information technology being so advance it poses a serious threat to authors of copyright material. With every idea or invention being copied on to digital making it easier to copy distribute copyrighted material like computer software, pictures and music which is called piracy. A good example is when me and the family venture out to the swap meet and there you see a vendor selling bootleg movies for 5...
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...products and work from mitigate the risks associated with would-be counterfeiters. The general increased levels of intellectual property problems associated with modern day theft, manufacturers must assess their counterfeiting and intellectual property intellectual property strategy and adopt piracy have long been recognized, yet more sophisticated methods of today’s high-tech economy has protection to keep pace with today’s magnified the problem of intellectual more refined counterfeiting operations. property theft, allowing counterfeiting Scope of Intellectual Property Theft T he illicit business of copying other’s products and designs and selling them as cheaper, usually substandard dollars from the global economy. In 1996, this figure jumped to as much as an estimated $200 billion. The look-a-likes is an underground industry economic value of global counterfeiting worth billions. In a written statement in 2003 is estimated at $500 billion. before the Senate Committee on the Various organizations, including Judiciary, Thomas J. Donohue, President Interpol, estimate that the trade in and CEO of the U.S. Chamber of counterfeit goods ranges between 6-9% Commerce stated, “Growth in the trade of all current world trade with volume of illegitimate goods over the past 20 sharply rising.2 The Federal Bureau of years is astounding, intellectual property Investigation has called counterfeiting crime is one of the fastest growing “the crime of the 21st century” as the ...
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...and other financial identity theft, the sabotaging of critical infrastructure, and stealing of intellectual property. This summary will briefly describe examples of each of these cybercrimes as well as outline the most pressing threat currently as well as the infrastructure that is in place to fight these crimes. Internet money scams that arrive in a myriad of different forms are rife throughout the cyber world. Fake prize sweepstakes, fictitious jobs online, and charities that don't exist are just a few of the internet scams that are present online. An example I will give is a job that a relative of mine was duped into believing he had obtained online. The job required for him to serve as a de facto broker of sorts for an international art gallery. His alleged job was supposed to require him to transfer money that was appropriated for the art. He would receive an amount in his bank account of 3000-5000 in a cashiers' check and would be required to allow the check to be deposited in his account. After the check was deposited he would transfer 3/4ths of the check and keep the rest for payment. He was required to send the 4300 to a location in Eastern Europe. The caveat is that the check that he received bounced and was a fake; therefore, he was on the hook with his bank for the entire $5000 dollars and the criminals subsequently received $4300 for their fraud. Many scams like this occur every day in America and around the world. Identity theft is the number one crime in the...
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...Introduction Intellectual property is intangible property that can be made your own by law. This Law breaks up into these four areas. 1) Copyright- gives the person who is credited with the original work rights for its use and distribution. 2) Trademark- are symbols or words that are by law registered to be used by a product or company. 3) Patent- is the protections of an individual’s invention and the way its use. 4) Trade Secrets- A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers. Anything that can be confidential...
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...and Intellectual Property Amanda Terry Professor: Dr. Michael Hanners LEG 500- Law, Ethics, and Corporate Governance March 12, 2015 Introduction John, a former research employee at PharmaCare pharmaceuticals, asked my law firm to represent him as a client. He expressed his concerns about his involvement with PharmaCare’s top-selling drug AD23. John and his team of pharmacists discovered that the drug could slow down the progression of Alzheimer’s. Therefore, his team reformulating the drug to maximize the effect of the drug without the approval from Federal and Drug Administration. In this paper, I will evaluate three ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety, as well as, analyze whether PharmaCare violated any of the issues in questions. I will argue the pros and cons of Direct-to-Consumer (DTC) Marketing by drug companies. I will determine which parties were responsible for regulating compounding pharmacies under the current regulatory scheme. Also, the actions that either party, or the FDA could/ should have taken in this scenario; whether PharmaCare could face legal exposure surrounding its practices. I will analyze whether or not the PharmaCare used U.S. Law to protect its own intellectual property, and if John (the client) has any claim of being the true “inventor” of AD23. I will present at least three ways the company could compensate John for the use of his intellectual property if...
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...Questions 1. What is the relationship among the various governments, institutions, organizations, and companies in developing legal codes to combat software piracy? Technically, the standards of software piracy are unequivocal. Thus, parties have been hopeful that collective political arrangements and legal actions by companies, associations, governments, and institutions would lead to a decline in global software piracy. However, coordinated anti-piracy initiatives such as high-profile legal proceedings against companies using illegal software, increased government cooperation in providing legal protection for intellectual property, and the criminalization of software piracy have proven to be largely ineffective. Even efforts at the transnational level to get nations to sign treaties and to require them to protect and enforce intellectual property rights according to global, not local, standards have not yielded the desired results. Unfortunately, the ease with which software can be duplicated, sold, and distributed continues to baffle the industry. 2. In your opinion, should software companies, industry associations, home governments, or transnational institutions take the lead in aggressively negotiating with the governments of countries with high piracy rates? Why? Because of the enormous economic, technological, and political implications of the problem, software companies, industry associations, home governments, and transnational institutions should all take...
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...Intellectual Property Protection Venkata Satyanarayana. Alokam Spring 2016 IST Fundamentals 5500 Wilmington University Intellectual property protection It is a term alluding to manifestations of the acumen for which a restraining infrastructure is allocated to assigned proprietors by law. Some normal sorts of protected innovation rights (IPR) are trademarks, copyright, licenses, mechanical outline rights, and in a few locales competitive advantage like all these spread music, writing, and other aesthetic works; revelations and developments; and words, expressions, images, and plans. Patents A patent is a type of right conceded by the administration to a creator, giving the proprietor the privilege to prohibit others from making, utilizing, offering, offering to offer, and importing an innovation for a restricted time frame, in return for general society exposure of the development. An innovation is an answer for a particular innovation issue, which might be an item or a procedure and for the most part needs to satisfy three fundamental prerequisites: it must be new, not evident and there should be a modern materialness. Copyright A copyright gives the maker of a unique work elite right to it, as a rule temporarily. Copyright might apply to an extensive variety of imaginative, scholarly, or creative structures, or "works". Copyright does not cover thoughts and data themselves, just the structure or way in which they are communicated. Industrial design rights A...
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...Understanding Tangible Property Team E LAW531 February 07, 2012 Michelle Hamilton Understanding Tangible Property This week team discussion involves understanding the tangible property right of a business. The business rights depends in the field of industry that companies conducts its businesses in. Some tangible are similar while others pertain uniquely to its industry. Discussion amongst the team member lead to the decision to undertake the retail industry such as Wal-Mart, Target, Best Buy and other major retailer organization in the country. The paper will bring about an identification of its tangible assets and the company needs to consecutively protect and identify these properties. Cheeseman stated that “Tangible properties have physical characteristics, such as building, goods, animals, and minerals” (Business Law, 2010, p. 739). Big retail stores like Wal-Mart, Best Buy, and Target suffers from theft and shoplifting on a daily basis in its daily operations. These thefts take in numerous forms, shoplifting of clothing from a department store, eating a grape from a grocery store, or purchasing stolen property is considered tangible. Theft of tangible property from any of these mentioned retailers is infringing on property rights. Retailers and grocery chains industries implement security measures to protect their profits and consumers, however; these measures cost the retailer industries millions of dollars in operation cost each year. Statistics...
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... 4 RUNNING HEAD: LEGAL AND ETHICAL CONSIDERATIONS IN MARKETING, PRODUCT SAFETY AND INTELLECTUAL PROPERTY LEGAL AND ETHICAL CONSIDERATIONS IN MARKETING, PRODUCT SAFETY AND INTELLECTUAL PROPERTY [Student Name] [Instructor’s Name] [Date] [Course Name] Introduction This paper is concern with legal and ethical issues in advertising, marketing, regulations and intellectual property of product safety with respect to PharmaCARE which is a pharmaceutical company. The paper includes the information regarding drug companies, Direct to Consumers (DTC) marketing. Next we will determine the role of Food and Drug Administration (FDA) in regulatory schemes of pharmacies and determine that whether FDA empower over compounding pharmacies. In this paper, I have to make decision about PharmaCARE that whether the company use of intellectual property of Colberia. After this, I will analyze PharmaCARE ways to use US laws to protect intellectual property to coop with intellectual property in Colberia. To compensate the people of suffered from damages due to usage of AD23 will be studied and different suggestions will be made to compensate them. In the end, three changes will be recommended to PharmaCARE to go forward ethically. 1-Ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Ethical...
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...invention that has been developed and patented by another • A unauthorized person acquired and uses the account number or pin of someone credit or debit card to change items to that person’s account Forgery and Counterfeiting • Both forgery and counterfeiting involve fraudulently creating or using false or unauthorized versions of currency, documents, artwork or other property that only specified entities or persons have the right to make or use or unauthorized versions of documents such as stock certificates, birth records, lottery tickets, licenses , passports or other papers that only government agencies or other entities can issue. • Two broad types of crimes losses from forgery/counterfeiting o Inducing an organization to accept falsified documents, etc, to exchange something od valye for something that is valueless o Impersonating an organization using and unauthorized or stolen document to the detriment od the organization Computer Crime • Computer sabotage • Fraud and embezzlement • Computer network breach • Theft through hacking • Theft of data storage systems • Theft of computer time • Denial of service • Espionage Crime Risk Control Measures • Sound personnel policies • Physical controls • Procedural controls • Managerial controls •...
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