Before proceeding to explore the best way to go about carrying out an intellectual property investigation, it may be a good idea to mention something with regard to when such an investigation would be justified. Now the need for you to carry out an intellectual property investigation would arise where you feel that someone could have breached your intellectual property rights. It could be, for instance, where you have filed a patent for a particular product and where, rather ‘coincidentally,’ you come across someone selling a suspiciously similar product.
It could also be where you, as a creative worker (say a writer, a film maker, a singer or anything along those lines) come across bootleg copies of your work, and where you are keen on knowing who is infringing on your intellectual-property rights. Or it could be where you feel that you are not getting enough money out of your intellectual-property and where you come to develop a suspicion that the other people with whom you co-own the intellectual property are short-changing you.
In all these situations, the intellectual-property investigation would have a number of objectives. Firstly, it would be aimed at identifying the source of the intellectual property infringement. This would be important because as it often turns out in these kinds of situations, the source of property rights infringement you most strongly suspect can be the most innocent person, whilst the person you least suspect turns out to be the real culprit. So the first objective would be to identify the actual source of the infringement. The second objective of the intellectual property investigation would be to establish the motives of the infringement. Sometimes, the motives for property rights infringement go beyond a desire to illegally benefit from the intellectual property. Sometimes, it turns out to be a case of malice, or a case of sabotage by a competitor, and these would be important things for you to establish properly. Finally, the intellectual property investigation would be aimed at building up a water-tight case that can carry the day in a court of justice, leading to restitution on your part, and punishment for the perpetrator of the intellectual property infringement.
The best way to go about intellectual-property investigation would be by engaging the services of an investigator who is knowledgeable and experienced in this area. Sometimes, especially in the earliest stages of the whole thing, this may have to be a private investigator; with whose help you can understand the fundamentals of the whole thing, before calling in government investigators with whose help you can build up a prosecutable case.
Normally, the investigation will start with the identification of possible suspects. A hypothesis on how the whole thing is happening will be developed at this stage too. This is where an investigator’s creativity comes in handy. Once we have a hypothesis (and a viable one at that), the next step would be to try and develop leads from it. Then the mechanics of the investigation would involve following those initial leads, and in the course of doing so unearthing other newer leads. The pursuit of the newer would lead to yet other leads…till the whole situation reveals itself, the real culprits identified and proper action taken against them.
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Many couples are now not averse to running a back ground check on their partner making use of an able private investigator. |
Private investigation may be needed to look for a loved one who has been missing or for a partner who has found a new playground and even for a business colleague who may be doing magic with the numbers. These kinds of work must be dealt with by experts.
A Don’t'- Do-it-Yourself Guide to Private Investigation
Here are some of the reasons why one must leave surveillance to professional private investigators:
o Stay Away from Danger – Any surveillance task involves risks and potential danger. A private investigator wannabe doesn’t have sufficient training and may make lapses in decision which can lead to mission failure. Professional private investigators know the perils of the job. They are well trained for surveillance with very minimal risk of exposing themselves to the target individual or company. Without proper training, the person or company being investigated may blow your cover.
o Knowledge and Proficiency – Private investigation requires a set of skills which are only learned with proper education and training. A normal individual’s skills may not match that of a private investigator when it comes to surveillance. In the real world, private investigations entail mastery of photography equipment, micro spy cameras, video recorders, voice recorders, and some mastery of computer language for some cases. A professional investigator is able to improvise ways when some of these tools fail just to meet the expectations of the mission
o PI Techniques- Private investigation involves a lot of interviewing to get as much information needed as possible. An ordinary individual may not be sensitive enough to the key signs, body language, or information given by the people being interviewed. The professional private investigator may also have some means of probing for the desired information from a subject. Aside from interviewing, the investigation may need some formal training on accounting, forensics, and handling of some special equipment.
o Legal Concerns – Every state may have a different law with regard to handling private investigation cases. One must know which is admissible to the courts as evidence if the investigation merits a civil or criminal case. A private investigator knows how to carefully handle and process evidences. Private investigators know how to get what they want without violating the law of the state. There are also states which only allow the police and registered private agents to follow people who are under investigation.
o Time Consuming – The amount of time needed to achieve the goals of an investigation is very significant. Professional private investigators live their lives for surveillance. As an individual who may be doing a lot of things, devoting time to the private investigation may not be feasible. It will be a waste of time if at the end of the investigation you will find out that you committed an error and everything is rendered useless.
Private investigation should be left to the professionals. They may charge a fee for doing the surveillance but it is a lot worth it if one is guaranteed of the quality of interviews, gathered evidences, and compelling truths about a case under study.
Doing private exploration by yourself may be a risk not worth taking especially if it can make or break the investigation.
