How to Avoid Intellectual Property Theft

By Christopher Burgess and Richard Power
Mon, July 10, 2006

CIO — Today, the U.S. economy faces many threats, including spiraling energy costs, corporate governance abuses, huge federal deficits, foreign ownership of the national debt, the loss of jobs to offshore outsourcing and the impact of disasters (whether terrorist related or environmental). And of course, there is the looming possibility of a bird flu pandemic or other global health emergency that could result in the closing of borders, the interruption of business, the cessation of travel and the deaths of many thousands.

But there is another threat, difficult to quantify or even detect, one that has not yet grabbed the headlines or captured the imagination, and yet is relentlessly and efficiently looting, pillaging and plundering the U.S. and global economies of precious resources—vulnerable trade secrets.

Economic espionage is as real a threat as terrorism or global warming. But it is subtle, insidious and stealthy. Even if the United States finds the will to come to grips with the many threats it faces, this silent, invisible hemorrhaging of intellectual know-how and trade secrets could deliver the death blow to our pre-eminent place in the global economic world before we even wake up to the magnitude of the danger.

According to the U.S. Commerce Department, intellectual property theft is estimated to top $250 billion annually (equivalent to the impact of another four Katrinas), and also costs the United States approximately 750,000 jobs, while the International Chamber of Commerce puts the global fiscal loss at more than $600 billion a year. But both estimates appear to be woefully underestimated; by some other estimates, there was over $251 billion worth of intellectual property lost or illegal property seized in August 2005 alone.

The United States, like other great nations, stands on three legs: military power, political power and economic power. Arguably, economic power is the most vital of the three. Without economic power, its political elite would be bereft of the consultants and lawyers who insulate it; it would have nothing to bargain with at the geopolitical roulette table; and it would lack the bureaucratic muscle to impose its will domestically. Without economic power, the military would be unable to deploy advanced weapons systems, spy on its enemies from space, span the globe with bases or even raise an army.

Secrets are the magic ingredient of power. When state secrets—i.e., political and military secrets—are stolen, governments fall and wars are lost, people are disgraced and people die. When trade secrets—e.g., scientific or engineering secrets—are stolen, corporations lose their competitive edge, small entities cease to exist, and whole sectors of the economy weaken and fall behind in the global marketplace. People lose their livelihood and their children’s futures.

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