Intellectual property crime refers to offenses that infringe rights related to intellectual works, such as patents, trademarks, and copyrights. Examples include piracy, counterfeiting, and unauthorized use of protected works.
In today’s business scenario, where innovation and creativity play a vital role, protecting intellectual property rights is an urgent necessity. Intellectual property crime poses a real threat to companies, undermining their ability to compete and innovate.

Intellectual property crime often involves complex litigation, especially when it involves multiple jurisdictions. Engaging an extradition lawyer is crucial to effectively handle cross-border cases and ensuring compliance with the international legal framework.

In this article, we explore in detail the strategies that companies can adopt to counter and combat such crimes in order to protect their intangible assets and promote a fairer and safer commercial environment.

What are intellectual property crimes?

Intellectual property is a concept related to the legal protection and recognition of authorship of intellectual products.

According to the World Intellectual Property Organization (WIPO), the concept is divided into two classes: industrial property, which refers to the set of rights that protect industrial inventions, such as patents, trademarks, designs and geographical indications, and copyright, which provides authorship of artistic, intellectual and literary works.

What are the types of intellectual property protection?

Intellectual property protection is divided into three main categories: copyright, industrial property and sui generis protection. Each of these categories protects different human creations and inventions.

Copyright:

Copyright protects literary, artistic and scientific works. Examples include books, music, films, paintings, photographs, computer programs, etc. It grants the author the exclusive right to use his work and may also allow its reproduction, distribution and publication.

Copyright protection arises at the time of creation of the work and generally lasts for the life of the author, plus an additional period after his death, which varies depending on the legislation of each country (usually 70 years).

Industrial property:

Industrial property covers the protection of inventions, trademarks, industrial designs, patents and geographical indications. It is aimed at the business and commercial sector. Main types:

• Patents: protect inventions or improvements that offer a new technical solution. Example: a new medicine or technology.
• Trademarks: protect distinctive signs that identify products or services, such as logos and trade names.
• Industrial Designs: Protect the aesthetic appearance of a product (shape, design).
• Trade Secrets: Protect confidential information with commercial value, such as formulas or industrial processes (example: Coca-Cola formula).

Sui Generis Protection:

The term “sui generis” means “of its own nature” and is used for specific protection systems that do not fall entirely within the categories of copyright or industrial property. Common examples:

• Varieties: Protect new plant varieties.
• Topographies of integrated circuits: Protect the layout of microcircuits.
• Traditional Knowledge and Cultural Expressions: Protect the cultural heritage and traditional knowledge of indigenous and local communities.

Why is protection against intellectual property crimes extremely important?

In today’s business scenario, marked by rapid technological development and the continuous search for innovation, the protection of intellectual property rights appears to be a fundamental basis for the success and sustainability of companies.

Intellectual property encompasses creations of the human mind, such as inventions, literary and artistic works, designs and distinctive symbols, thus being the material reflection of the creativity and knowledge inherent in society. Given this premise, the preservation of these assets becomes imperative. Also check out: Public Defenders vs. Private Lawyers in Criminal Cases: Explaining the Differences in Legal Representation

In this context, intellectual property, represented by patents, copyrights, trademarks and trade secrets, plays a central role. Protecting these assets is not just a legal matter, but a fundamental strategy that ensures the reward of innovation and the preservation of creative efforts.

Therefore, the protection of intellectual property rights is of utmost importance, as it forms the foundation on which innovation and creativity flourish. Combating intellectual property crime is not just a defensive measure, but a proactive step towards building a future where innovation is valued, protected and properly rewarded.