Business processes
Tools and reference guides have been developed to help businesses identify processes and embed them into their working practices.
Policies to support the respect and value of IP
A clear Intellectual Property (IP) policy is a useful tool to embed understanding of the problem and to ensure a uniform response from staff across your business.
Such policies should cover the potential problem areas such as business activities, staff activities and visitors to your workplace. This could be a single 'IP policy' or could form part of wider Human Resources (HR) policies.
Policies should emphasise the need for all staff to take reasonable and practicable steps to ensure they act appropriately in the workplace and refrain from certain practices that might infringe the IP rights of others, including how they use Information Technology (IT) facilities.
Such policies will need to be appropriately used in the event of staff activities causing a problem. Simply having policies in place will not ensure that you avoid the risks, both legal and practical, that might arise from staff actions. If staff members are found to be infringing IP rights, systems for collecting and recording evidence and data may also help with any investigations launched including by law enforcement agencies.
An effective policy will inevitably evolve. It will take account of technological developments which may allow staff to access infringing materials in new ways, or as the size, shape and nature of the business changes. So it is important that policies are managed and updated as appropriate.
Audits/system of checks
Periodic reviews and system checks are an important part of any compliance strategy.
Some of the ways in which your business is using products, items or content which is protected under IP law, will be obvious, such as computer software which is purchased off the shelf from Microsoft under a licence, but other uses may be less obvious. An audit will help you to identify where you are using such protected materials, and what measures you need to take to ensure you are licence compliance and management.
IT policies and procedure
IT policies should promote good software asset management practices. This includes your requisition, procurement, use and asset retirement practices. It is also advisable to implement processes to collect and reuse software instead of buying additional licences, as long as this is in accordance with the terms of the licence.
Regular reviews of policies and processes and the terms of licences will help to ensure that they remain fit for purpose as patterns of use change, and that they cover all required activities.
Internet policy and processes
The role of computers within businesses has changed dramatically over recent years, and probably the majority of office staff have some access to the internet at work. Using a sample questionnaire for the online environment will test the understanding of staff about what they can and cannot do. Ongoing reminders are also important, to reinforce the rules for using the internet at work.
These messages and tools can also be used to cover other internet issues such as gambling websites and inappropriate and illegal content.
External traders visiting your business
Most businesses receive a range of visitors, including traders entering the premises to sell their wares.
Simple systems can be used to verify traders' credentials before allowing them to access your business premises.
All managers (and staff) should be aware of what action to take if they see fake and pirate products being sold within their work environment i.e. what the process is for reporting concerns or actual activity to management (for example HR or security services). More generally your business should have mechanisms in place to report such action to the authorities.
Systems for reporting IP crime
If you suspect that IP offences (IP crime)
is being committed
at your workplace, notify your local trading standards service via Consumer Direct,
and/or the anonymous reporting system of the charity
Crimestoppers
. If the suspicion includes staff members, the internal disciplinary procedure/disciplinary procedure
should also be considered.