Allegations of stolen intellectual property (IP) are serious, as you could face consequences at the state and federal levels. In an effort to protect the assets of American businesses, prosecutors aggressively pursue criminal charges related to intellectual property theft.
If someone claims you stole their IP, our Charleston intellectual property theft lawyer is here to help. We have extensive experience in defending against these allegations, and our skilled white-collar defense attorney could advise you on building the strongest possible defense.
Intellectual property theft occurs when someone takes or uses another person’s protected work, invention, or business information without permission. Unlike stealing a physical object, these cases are complex because they involve taking ideas or confidential information. These assets might not be tangible items you can hold in your hand, but their value is often immense. Types of IP include:
The circumstances around these cases can vary. Allegations might occur in the lead-up to a person leaving their current job, but they can happen at other times, too. Regardless of the circumstances, a Charleston lawyer from our firm could review the IP theft allegations against you and use our experience to build a viable defense.
Intellectual property theft cases often involve both state and federal law, and prosecutors may pursue charges in either court depending on the facts. This means facing two sets of criminal charges for the same alleged offense.
State law allows prosecutors to file criminal charges when someone knowingly steals trade secrets or confidential business information. This can involve acts such as taking proprietary formulas or internal business plans.
However, many IP theft cases move to federal court. While federal officials can generally pursue the same cases as state prosecutors, they usually limit their involvement to cases that either cross state lines or involve large-scale financial harm. If you have been accused of stealing intellectual property in Charleston, a lawyer from our firm could manage your case.
Every intellectual property theft case depends on the details, and a Charleston attorney could investigate the allegations against you and build the strongest possible defense.
The U.S. Constitution protects you from illegal searches and seizures. If the government illegally obtained evidence against you, your attorney may be able to have it thrown out at trial based on the violation of your rights.
Many IP crimes require proof that the accused knowingly and intentionally stole protected material. If someone believed they had permission to use certain files, designs, or information, prosecutors may struggle to prove criminal intent. Misunderstandings about licensing agreements or workplace policies often arise in these cases.
Not every piece of information qualifies as protected intellectual property. If the information was publicly available or widely known within the industry, it may not qualify as a protected trade secret.
Prosecutors have to prove beyond a reasonable doubt that you accessed and took protected information without consent. Given that these cases often involve digital access, the state may struggle to prove that you broke any laws. There are times when the best approach is to highlight the weakness of the evidence against you.
If you receive accusations of intellectual property theft, there is no time to delay. The sooner you discuss your options with an attorney, the better your chances of getting a positive outcome. The team at the Law Offices of Bill Nettles comes with decades of experience and many successful defense cases in white-collar law. Contact our office to speak with our Charleston intellectual property theft lawyers today and schedule a confidential consultation.
