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More Info at Our Main Site Guiding Rights
GUIDING RIGHTS: Trademarks, Copyright and the Internet, by Mark V.B. Partridge, explains the trademark and copyright principles guiding rights on the Internet in clear and accessible terms. $24.95 hard cover; $14.95 paperback "This collection of short articles on a wide range of issues of copyright and trademark law, by one of the nation's most prominent trademark lawyers, manages to convey the nuance of the subject in language that is clear and immensely readable. This is a hugely versatile book. For scholars, the book contains valuable insights; law students will come to rely on it to explain difficult concepts in easy-to-understand terms; and practioners will be scanning it for help with some of the knottiest problems around." Graeme Dinwoodie, Professor, Associate Dean and Director of the Program in Intellectual Property Law, Chicago-Kent, College of Law ORDER BOOK HERE"Guiding Rights is a unique presentation of information covering key concepts relating to the protection, enforcement and licensing of trademarks and copyrights. Mr. Partridge presents a well organized compilation of lessons that provide practical insight for understanding and handling many trademark and copyright issues that arise for companies in everyday life. Also the book discusses in a concise and effective manner the effect of significant cases from both the distant and recent past which helped shape important trademark and copyright principles." Harrie Samaras, Attorney, Chair, Committee on Intellectual Property Organizations, AIPLA ORDER BOOK HERELogin
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Five Steps to Prevent Your Employees from Selling Your Out: How to Avoid Employee Misuse of IP
by
Mark VB Partridge
on Thu 24 Jul 2008 04:03 PM CDT | Permanent Link
Do
you know any employees who are unhappy? Who feel they aren't being
treated right? Who want to show the company a thing or two? Perhaps
they're like Joya Williams.
Her story starts at a Thanksgiving dinner in 2005 in Georgia. Joya Williams pulled family friend Edmund Duhaney away from the turkey, greens and candied sweet potatoes. She wanted to talk about something in private. Joya Williams worked at Coca-Cola as an executive assistant. She was upset. They weren't treating her right. And she wanted to do something about it. She showed Duhaney confidential Coca-Cola marketing documents. She showed him a product sample for a new Coca-Cola drink. She had memory sticks with more confidential information. She told Duhaney she couldn't do anything with this confidential information. She had signed a non-disclosure confidentiality agreement. But Duhaney could. He could use this information to get money from another company. This kind of thing happens all the time in corporate America, she said. Duhaney called his friend Ibrahim Dimson in New York. In April 2006, Dimson flew to Atlanta to meet with Williams and Duhaney. Dimson knew what to do. He and Duhaney bought a black Armani roller bag to hold the documents. He told Williams to get some Coca-Cola envelopes. In May, Dimson wrote a letter to a senior VP at PepsiCo in Purchase, New York. Dimson said he was a high-level Coca-Cola employee. He called himself Dirk and provided his cell phone number. He said he had "very detailed and confidential information about Coca-Cola's marketing campaigns for the next four years." He was "looking to deliver [the information] to the highest bidder." A few weeks later a man named Jerry called Dirk. He said he was an agent for PepsiCo and was interested in buying the information. They arranged to meet at the Atlanta Hartsfield-Jackson airport in June. At the airport, Jerry gave Dirk a yellow Girl Scout cookie box containing $30,000. Dirk gave Jerry the Armani roller bag stuffed with Coca-Cola documents and a product sample. Jerry and Dirk met again at the restaurant of a Marriott hotel in Atlanta on July 5, 2006. Dirk gave Jerry a list of 20 more items - documents, product samples - that he was ready to sell. They negotiated a purchase price of $1.5 million dollars for all of the items. It seemed that the 8 month conspiracy was about to pay off. But Joya Williams and her comrades in crime never saw the money. Jerry, in a general sort of way, was an agent for PepsiCo, but more specifically, he was an undercover FBI agent. When PepsiCo got the letter from Dirk, it turned it over to Coca-Cola. Joya and her crew were all arrested after the Marriott meeting. In the end, Joya Williams, the former Coca-Cola secretary, was sentenced to 8 years in jail for conspiracy to commit theft of trade secrets. Williams was caught. Many are not. In fact, a 2002 study by the American Society of Industrial Security found that the survey participants - 1600 companies - faced intellectual property losses of more than $50 billion during the one year time period ending June 30, 2001. $50 billion in losses. What about you? Could this happen to you, your company, your clients? Are your employees selling you out? Here are five best practices that will help you guide your employees to avoid infringement and misuse of company rights. 1. Include intellectual property guidelines in your employee manual and policy. Inform employees about the company's protected IP rights and the oblgations of the employees to protect those rights. 2. Provide ongoing training and education to employees about IP rights so they know what is permitted and what is not. Cover the need to avoid improper downloading of images, content and music. Inform them about the need and importance of keeping information secret. 3. Be vigilant about employee conduct. Employees should understand that work computers and email may be monitored. Confront employee misuse of IP early. Don't ignore infringement of the rights of others. 4. Work together with other departments in your company to create and implement sound IP practices. Too often the relevant stakeholders - legal, marketing, R&D, financial, IT and HR - exist in their own narrow silo without working together. Encourage cooperation. 5. Finally, treat employees well. Empower them to make good choices about IP. Most people, if given the knowledge and means, will do the right thing.
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Mark VB Partridge
CONTACT INFORMATION Mark V.B. Partridge
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
311 S. Wacker Drive Suite 5000
Chicago, Illinois 60606
312-554-8000
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