It is widely agreed that knowledge is power, and there is no exception in our current economy. Intellectual property (IP) is a company’s most valuable asset. IP forms the backbone of a business’s competitive edge, from trade secrets and proprietary software to innovative designs and unique content. Historically, there have been several high-profile cases of IP theft. For example, in 2011, two giants of technology, Apple and Samsung, got involved in a series of lawsuits. The former claimed Samsung had replicated the look and feel of their devices. Apple was then awarded more than 1 billion dollars in damages.
Moreover, with advancements in technology, IP theft is easier and more prevalent than ever. This is where digital forensics steps in as a crucial ally in protecting and reclaiming stolen intellectual property. According to the cyber security breaches survey 2024, the percentage of IP, assets or trade secrets that were lost to a breach or an attack was 5% amongst large businesses. This might not seem a lot. However, the cost for the theft of IP from UK businesses alone is estimated to be £9.2bn per annum.
As you know, digital forensics involves the systematic process of collecting, analysing, and preserving electronic data in a manner that is admissible in a court of law. Another advantage of using digital forensic techniques is that it plays an important role in identifying and mitigating IP theft. It ensures that stolen information can be traced, recovered, and used to take appropriate legal action.
How can Digital Forensics prevent Intellectual Property Theft?
There are quite a few ways digital forensics experts can help keep your IP safe. For example, unusual access patterns and unauthorised data transfers, are often the first signs of IP theft. Forensic experts can use advanced monitoring tools to flag suspicious activities and initiate an investigation before further damage is done.
Once a potential theft is identified, there is a need to preserve the integrity of the digital evidence. This involves creating exact images of the compromised systems, ensuring that the data remains unaltered for detailed analysis. This can help uncover the digital footprints left by the perpetrator. One important thing to realise when working in digital forensics is that whenever a crime is committed, the perpetrator will always leave something behind. This often includes digital footprints such as IP addresses, access logs, or email communications.
Additionally, forensic techniques can often recover deleted or hidden files, providing crucial evidence of the theft. However, digital forensics is not just about recovering data and examining it. Experts need to document their findings in comprehensive reports that can be used in court. This documentation is essential for proving that a theft occurred and for identifying the responsible parties.
Tech companies that discover an employee who had stolen and shared proprietary software with a competitor are becoming increasingly common. Utilising digital forensics tools, unauthorised downloads and communications can be traced; enabling them to take effective legal action and the recover damages.
Proactive Forensic Strategies for Businesses
In addition to reactive investigation, businesses are increasingly adopting proactive forensic strategies. This includes regular audits of digital assets, robust access controls, and continuous monitoring of network activities to prevent IP theft before it happens. Identifying potential security weaknesses in their systems also enables businesses to strengthen their cybersecurity measures and prevent breaches before a security breach occurs.
TenIntelligence’s Thoughts
Digital forensics is indispensable in the fight against intellectual property theft. By leveraging advanced forensic techniques, businesses can protect their valuable IP, deter potential thieves, and ensure that any incidents are thoroughly investigated and addressed. We understand information is power, and as such, safeguarding intellectual property through digital forensics is not just a defensive measure, but a strategic imperative.
Written by
Lisseth Ortiz Diaz
