i+D - November/December 2019 - 23

Defining the Problem of IP Theft
Intellectual property is defined by the World Intellectual Property
Forum as "creations of the mind, such as inventions; literary and
artistic works; designs; and symbols, names, and images used in
commerce." These are generally broken down into three categories
of protections: patents for inventions, copyrights for literary and
artistic works, and trademarks for logos and brands. Without
them, there's virtually nothing to stop thieves from stealing designs,
inventions, software, and trade secrets, according to the U.S.
Department of State's ShareAmerica online platform.
Even with these protections in place, IP theft is big business-
to the tune of more than $700 billion annually in the global trade
of counterfeited and pirated goods, according to the International
Chamber of Commerce (ICC). Further, counterfeit goods cost the
United States $29 billion to $41 billion every year. China and
Hong Kong represent the biggest offenders, producing 78 percent
of the seized counterfeit goods coming into the United States
in 2017, according to the U.S. Department of Homeland Security
(DHS). To combat this problem elsewhere, for example, the
Government of Canada is investing $85.3 million throughout
five years to help Canadian businesses, creators, entrepreneurs,
and innovators understand, protect, and access intellectual property
through its comprehensive Intellectual Property (IP) Strategy.

"It's an issue worldwide, obviously, but there are certain places that it's even more
of a problem," explains David M. Abrahams, associate at the law firm of Webster,
Chamberlain & Bean, LLP in Washington, D.C. "Countries, such as China and
India, and, in some cases, believe it or not, Brazil, these are really hotbeds-they're
kind of the Wild West when it comes to intellectual property protection. So, to the
extent that some of these designs get out and in the hands of somebody over there,
it can be a real big issue."
Too often, theft goes undetected or victims don't acknowledge the value of what's
been stolen. "Creatives, often understandably, focus more on the making than the
business of making," according to Emily Penny, a brand consultant and founder
of BeColourful and Colourful Design Strategy Ltd., in an interview with the
Design Week online publication. "But, it's good to remember that visual assets
are exactly that-assets."
Consumers and specifiers alike need to recognize the monetary value of
creativity and invention. "A lot of people don't realize that these are works, these
are intellectual properties that are owned by somebody," Abrahams points out.
"This is somebody's profit base."

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i+D - November/December 2019

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