U.S. DOJ, Computer Crime and Intellectual Property Section IP Victims’ Guide / Page 8
What Should You Do If You Are Victimized?
Victims of intellectual property crime, such as copyright infringement, trademark
counterfeiting, and theft of trade secrets, often conduct internal investigations before
referring matters to law enforcement. These investigations can encompass a variety of
steps, including interviewing witnesses, acquiring samples of the counterfeit goods,
conducting surveillance of suspects, and examining computers and other evidence.
Victims can maximize the benefit of these independent investigative activities as
follows:
Document All Investigative Steps: To avoid duplication of effort and retracing of
steps, internal investigations should seek to create a record of all investigative
steps that can later be presented to law enforcement, if necessary, including the
names, titles and contact information of persons with knowledge of each step. If
a victim company observes counterfeit goods for sale online and makes a
purchase, for example, investigators should record the domain name, URL, and
IP address of the website, the date and time of the purchase, the method of
payment, and the date and manner of delivery of the goods. Any subsequent
examination or testing of the goods should then be recorded in a document that
identifies the telltale characteristics of theft or specific indicators of
counterfeiting, such as lack of a security seal, poor quality, failure to meet
specifications, packaging, or the like.
Similarly, in the case of a suspected theft of trade secrets, any internal
investigation or surveillance of the suspect, or a competitor believed to be using
the stolen information, should be recorded. Records of any interviews with
suspects or witnesses should be made by tape or in writing. The pertinent
confidentiality agreements, security policies, and access logs should also be
gathered and maintained to facilitate review and reduce the risk of deletion or
destruction.
Preserve the Evidence: Any physical, documentary, or digital evidence acquired
in the course of an internal investigation should be preserved for later use in a
legal proceeding. In the online theft example identified above, victims should
print out or obtain a digital copy of the offending website, preserve any e-mails
or texts related to the counterfeit item(s), and safely store any infringing goods
and their packaging, which may contain details of their origin. Additionally, print
out and preserve any documentation of the course of dealing with the offending
seller, including (but not limited to) any sales agreements or contracts,
communications about the purchase, or other such documentation. If the
computer of an employee suspected of stealing trade secrets has been seized,