Misuse of Intellectual Property
Intellectual property theft and loss of trade secrets can cost a company millions of dollars in lost revenue or market share, and sometimes damage its competitive advantage.
Taking steps to prevent such incidents from occurring is critical, and when an incident occurs a quick and thoughtful response is crucial. Kroll works closely with clients and their legal counsel to manage and protect intellectual property (IP), including customer data, trade secrets, trademarks and patents. We help safeguard against piracy, counterfeiting, gray market diversion and misappropriation by former employees, business associates and third parties.
Kroll investigates data breaches, IP loss and theft, and patent infringements to identify the perpetrators, support litigation and bring the matters to resolution. Kroll’s global network enables effective investigations and raid actions across markets at different points in the supply chain.
Kroll is able to draw on its leading expertise in computer forensics, security consulting and investigations to provide a unique, multi-disciplined approach to IP investigations and protection, encompassing physical, IT, operational and human resources security. We work with our clients to identify vulnerabilities and put in place appropriate measures before a loss is suffered.
Case study: Medical Device Company Confronts Cross Border Copycats
Kroll was called in by a company in the medical sector, which realized that inferior counterfeit copies of its medical devices were sold in the U.S. which, if not stopped, could jeopardize the company’s reputation and result in the death of patients. Kroll traced the manufacturer back to China and identified that the products were shipped via Dubai and Latin America to be finally exported to the U.S. In order to stop the counterfeiters at both ends of the supply chain, Kroll coordinated raids with local enforcement authorities simultaneously in multiple jurisdictions to reduce the risk of counterfeiters being tipped off and fleeing with the merchandise.
Case study: Chemical Company Loses Trade Secrets to a Competitor
Kroll was called in to investigate the resignation of a chief engineer and 20 employees across different divisions at a global specialty chemicals company. Intelligence was gathered from sources in the company’s supply chain and by forensically examining the former employees’ computers. The investigation uncovered that the individuals had gone to a local competitor and stolen proprietary information, including designs, layout of the production facility, vendor lists, marketing plans, employee contact information, management reports and financial information, all of which the client considered its trade secrets. Soon after the investigation, local management heard rumors that the competitor was planning to launch a high-end product similar to the one the departed engineer had overseen. The intelligence was an eye opener for the client and Kroll was further retained to conduct an audit of the client’s entire local operations, from physical and technology security to operational and human resources security. We helped the client identify and resolve potential risks in order to prevent a similar situation from reoccurring.