June 2013

Erica Portnoy and Peter Colosi write “The Case for Criminal IP Enforcement” for Managing IP


If companies suffer IP infringement or theft of trade secrets and wish to pursue a judicial remedy, they can either file a civil complaint or turn the case over to the criminal authorities. Historically in the United States, because of competing priorities, law enforcement has not been able to consistently devote large resources to the prosecution of criminal activity relating to IP. Owners of IP have traditionally been left to try their cases in civil court. However, in light of new funding recently ear-marked by the US government, a company’s ability to protect its IP through the criminal process looks likely to improve….