Banging head against the wall/ frustration concept

Intellectual Property (IP) is generally considered as creations of the human mind which can include inventions; literary and artistic works; designs; symbols; images and even names which can be utilized for commercial purpose. Intellectual Property is protected in law and aims to foster the flourishing of innovation and creativity of the human mind.

Well known classification of IP include Copyright, Trademarks, Patents, Trade Secrets, Industrial Designs and Geographic Indications and these guarantee a wide scope for what can be regarded as an individual or organization’s IP right.

The theft of intellectual property involves stealing from or robbing people or organizations of their Ideas, innovations or expressions of creativity. Theft can also involve using someone’s IP without requisite authorization or permission. Theft can cover IP rights on music, movies, software, products, designs etc.; it can prove to be very damaging in some cases.

How can the theft of intellectual property be investigated?

Where the theft of intellectual property is suspected and has to be investigated, there is the need to adopt a credible investigation process and this can be accomplished by a skilled forensics expert. As intellectual property mostly are in intangible form, the proof of its existence and by extension theft usually exist in the form of electronic evidence(s). Hence, forensic investigation and analysis can reveal the act of “improper misappropriation” of IP or trade secrets or the threats thereof.

Effectively investigating IP theft cases involve the following:

Identify and Preserve
Engage Counsel and Digital Forensic Expert
Step one involve identifying and preserving potential evidence. This include defining and tracking all appearances of relevant evidences and the custodian of such evidence which can be potentially useful to the investigation. This can mean the following categories of people or media:

Any person or persons with direct knowledge or control of relevant evidence to the theft.
Any person or persons that can identify and help preserve potential evidence. Example of this is IT personnel for the organization.
Any person or persons suspected of the misappropriation of the Intellectual Property (IP).
Any device or devices on which traces of evidence can be traced and discovered. The forensic analysis of electronic devices will reveal timelines of the activities performed on identified devices by all relevant to the investigation.
Step two involve engaging the services of preferably an outside counsel and a digital forensics expert. Digital or computer forensic investigators are trained to identify, acquire, examine, analyze and present reports of digital investigations that are judged to be credible and forensically sound for Intellectual Property (IP) theft cases. Forensic experts involved with IP theft cases are able to identify and acquire both location and timeline based evidences that prove knowledge of, occurrence and involvement of suspects in the theft of intellectual property or trade secrets.

What are location and time based evidences?

In theft of IP investigation cases, location based evidences refer to the potential source, location or containment of the traces of evidence. Investigators are able to identify all relevant device types and medium of communication by which traces of IP artifacts can be found. This include electronic devices that any of the relevant custodian may have had access to or the medium and channels of communication by which artifacts of IP are transmitted or exchanged between parties.

Timeline based evidences are useful to indicate the length of time for which a nefarious activity may have been occurring. By piecing together digitally relevant artifacts that are identified as relevant to the case, skilled investigators are able to show historical picture of how long the occurrence of a crime may have persisted.

As trained investigators, digital forensic experts surely do have clear and relevant roles to play in the fight against IP theft.

Ehiwe .D. Dominic Ph.D (Consultant, Digital Forensic & Open Source Intelligence)