Trade Secret Theft in China

By David Cohen and Donal O’Connell The headlines: “China national charged with stealing trade secrets” – U.S. Justice Department “Chinese battery expert is charged with stealing trade secrets from US employer, as he prepared to join mainland firm” – South China Morning Post “US charges Chinese companies with stealing trade secrets” – The Guardian “Supreme Court Declines […]

IP Holding Companies – Trade Secrets and Trade Secret Asset Management

By Donal O’Connell Introduction: An IP Holding Company exists to hold intellectual property on behalf of one or more other companies but does not necessarily manufacture products or supply services based upon the IP held. Prior to establishing an IP Holding Company, it is important to first ask what one wishes to achieve with one’s […]

Transfer Pricing and Trade Secrets

By Oliver Treidler and Donal O’Connell  Transfer pricing is probably the most important issue in international corporate taxation. In taxation and accounting, transfer pricing refers to the rules and methods for pricing transactions between enterprises under common ownership or control. A transfer price is the price at which members of a group transact with each other, […]

The Psychology of IP Risk Management

By Donal O’Connell The psychology associated with risk: There are a variety of psychological factors which influence how people react to risks. Research conducted on this topic has helped to understand people’s risk perceptions; how “rules of thumb” influence how people evaluate risk; how risk perceptions influence people’s concern about risk; and how optimistic biases […]

Cyber criminals are not trying to steal your IP

By Donal O’Connell The headlines: “Valuable intellectual property targeted by cyber attacks” “Cyber Crime – Intellectual Property Theft” “IP theft is ‘most damaging’ cyber-crime for UK businesses” “Intellectual Property Cyber Theft: Get Real” “Protecting companies intellectual property from cyber crime” These are just some of the attention grabbing headlines of recent times, However, I would […]

Where do IP related risks originate?

By Donal O’Connell Introduction: By its very nature, there are both rewards and risks associated with intellectual property (IP). Risk is the chance of something going wrong, and the danger that damage or loss will occur. Risk management is the process of analyzing exposure to risk and determining how best to then handle such exposure. […]

The challenges with keeping things secret

By Donal O’Connell Why keep secrets? There are number of intangible assets within companies which by definition must be kept secret. A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information which is not generally known or reasonably ascertainable by others, and by which a business can obtain […]

IP licensing

By Donal O’Connell What is an IP license? An IP license in its simplest form is an agreement where an IP owner (the Licensor) permits another person (the Licensee) to engage in activities that, in the absence of the IP License Agreement, would infringe the Licensor’s legal rights attaching to the IP. In return the […]

Tackling the scourge of counterfeit products online

By Donal O’Connell The online world: E-commerce is the buying and selling of products and services, or the transmitting of funds or associated data, over the Internet. These business transactions occur either business-to-business, business-to-consumer, consumer-to-consumer or consumer-to-business. It is estimated that there are about 20 million e-commerce stores selling products on the internet around the […]

Trade Secrets

By Donal O’Connell A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information which is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors or customers. The scope of trade secrets is virtually unlimited. A trade secret is therefore defined […]