Determine when business assets may constitute intellectual property (IP), to ana
ID: 3499662 • Letter: D
Question
Determine when business assets may constitute intellectual property (IP), to analyze when an IP theft has occurred and possible remedies for IP theft, and to assess the importance of protecting and enforcing IP rights in a business setting.
Scenario.
Futuretek sells high-tech computer chips and software to smartphone manufacturers worldwide. Futuretek maintains two software databases: one containing Futuretek's customer list with nonpublic contact information for key personnel, and the other containing customer purchasing trends. The information in the two databases is available for employees to view and use in connection with their job duties.
Dana is a computer programmer for Futuretek. Dana plans to run her own company one day and design and sell her own computer chips to smartphone companies. As an employee, she has access to the two databases containing Futuretek's key purchaser and purchasing trends information.
Dana decides to leave Futuretek and start her own computer chip business. Before she leaves, she makes a copy of the two databases on a portable hard drive. Dana uses the information to contact Futuretek's customers and offer them cheaper, but comparable, computer chips manufactured by Dana's new company, SmartChip.
Futuretek becomes aware of Dana's actions and asks you, the chief operations officer, for advice and recommendations on what to do.
Complete the following:
Determine whether Dana has taken Futuretek's intellectual property (IP), and if so, describe the type(s) of IP that was taken.
Explain any civil actions in tort or criminal actions that may be brought against Dana or SmartChip.
Assume Futuretek sues SmartChip, and Futuretek wins the lawsuit. Recommend ethical policies that SmartChip can put into place to prevent future legal claims and litigation against the company.
Recommend risk management procedures that Futuretek can implement to avoid or limit this type of activity from happening to the company in the future
Explanation / Answer
1.Yes, it is clearly evident from the information provided in the above scenario that Dana has taken Futuretek 'S Intellectual property by illegal means. It can be further said that the two kinds of databases taken by Dana for her own use falls under copyright ,a form of Intellectual property.
2.The infringements of intellectual properties is normally treated as an offence that may or may not end up in imprisonment.These offences cover infringement of copyrights, counterfeiting labels of copyrighted creations, theft of trade secrets and counterfeiting trademarks. Typically all intellectual property offences are treated as civil offences unless the laws of state or federal government are not obeyed. In case of intellectual property offences, the owner of IP has to sue the infringed in the court of law to get the infringing materials destroyed or removed and to collect financial damages Tom the infringed. The infringed has to follow the orders of the court snd pay the damages to the original creator of the copyrighted creation. But if the infringer does not follow the orders of the court then the civil offence becomes the criminal offence due to contempt of court. The infringed can be served with the punishment of confinement for sometime.
3.If Futuretek win the suit against Smart chip, then one thing that Smart chip must do is to pay the compensation or the liquidity damages to the Futuretek .
4.In order to avoid such happenings in future, the Futuretek company may make it mandatory to sign an Non disclosure agreement with the employees who have access to the company's trade secrets and other vital information including databases.
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