Should government intervene in the protection of corporate IP? This is the thought provoking question that needs to be answered in light of the recent loss of corporate IP mainly to emerging economies like China? Is the government a stakeholder when IP is lost or stolen?

From a government perspective there are numerous issues that happen when a company looses its IP to a foreign competitor. To name a few an obvious impact on government is the loss of revenue in the form of taxes that can be directly or indirectly linked to that IP. Another impact for government is the unemployment benefits that have to be paid as a result of loss in revenue.

In the UK small businesses form almost 80% of the economy and a considerable number gain their competitive edge through intellectual property rights and trade secrets. Considering the impact these businesses have on the economy as a whole, tax breaks should be given to these businesses to enable them invest in protecting their IP and trade secrets, as well as setting aside funds for any legal challenges.

Such tax breaks are bound to yield a return for the government in terms of safeguarding jobs and increased tax revenues, overall it is a win win for all involved. The competition coming from the far east is a reality that is quickly catching up with the western economies, and the protection of IP and trade secrets is of great concern to governments in the west.

In the recent visit of the Chinese premier to the United States, the protection of IP was one of the key agenda items that was discussed. Nevertheless, the governments in North America and Western Europe need to be seen to play an active role and continue dialogue with various industries on the best way forward to achieve IP and trade secrets protection.

I am a big Panera bread fan, I just love what they do with dough. I also happen to love baking, so given that I am obsessed with Panera’s cinnamon crunch bagel and cannot get it to buy in the United kingdom where I live, I decided to hunt for the recipe. To my heartbreak, it is a secret recipe nowhere to be found of the web.

I have even subscribed to Google Alerts to search for the term “cinnamon crunch bagel recipe” about 6 months ago and till today still no joy. This got me thinking that it is unlikely that Panera use Enterprise Rights Management to protect its secret recipes. When I watch TV programmes like Man v Food, Adam Richman visit some of the best restaurants in the United States where some of these businesses have been able to keep their secret recipes under lock and key for 40, 50 years or more.

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I was reading a post in the Trade Secrets blog today in which Wells Fargo is suing a former employee for stealing trade secrets in a plot to strip the bank of nearly $143 million in business. Among all the other accusations, I want to focus on the stealing of trade secrets. It maybe that Wells Fargo had an audit trail of who was doing what with its confidential documents and was able to come to the conclusion that its trade secrets were stolen. It might even have Enterprise Rights Management installed which is all well and good. However, if your organisation does not have the right tools to lock down and track the use of confidential documents, do you really have a foot to stand on?

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