Once a piece of intellectual property (IP) gains popularity among the public, it is not surprising that enterprising traders may try to cash in on it by reproducing or substantially copying the protected material for their own gain.

The infringement of IP rights not only diverts away profits and royalties rightfully due to the IP rights owner, but also hitches a free ride upon the goodwill generated by monies spent on publicity, advertising and research. The public is also often misled or confused as to the origin of the goods or services.

In light of technological advances and especially with the advent of the Internet, the increased ease of copying has challenged IP rights owners to be watchful of infringing activity. To this end, the services of private investigators may be engaged to assist IP rights owners in "keeping an eye" on the market.

Being fully aware of our clients' budgetary constraints, we have on board an in-house investigation unit which conducts regular market surveys to ascertain the locations where infringing activity is taking place.

The burden of proving infringement lies on the IP rights owner. In doing so, heavy reliance is placed on the evidence that has to be adduced in order to establish a case. The most important piece of evidence would be the infringing article, which may be obtained either through us or private investigators. Upon perusing the evidence at hand and taking into account all relevant circumstances, we, together with our panel of attorneys, would be able to formulate a strategy as to the course of action to be employed.

IP rights are essentially private rights, the enforcement of which is often a "self-help remedy" i.e. the impetus to enforce the rights originates from the IP rights owner. Fortunately, the law provides numerous effective and readily accessible mechanisms by which an IP rights owner may enforce his rights, depending on the IP rights owner's budget and objectives.