Legal Intellectual Property
Monitoring Rubric
Instructions for Use: This rubric is designed to assess potential intellectual property (IP) infringements systematically. After evaluating each criterion, tally the scores to determine the overall severity and appropriate response.
Criteria | Minor
(1 point) | Moderate
(2 points) | Major
(3 points) |
Extent of Use | Limited to a small audience | Regional use with some visibility | Widespread use with high visibility |
Impact on Our Business | Negligible impact | Moderate impact on reputation or sales | Significant impact on reputation, sales, or market share |
Legal Clarity | Unclear violation or possibly fair use | Probable violation with some defenses | Clear violation with strong legal grounds |
Ability to Resolve | Likely resolvable through informal contact | May require formal cease and desist or negotiation | Likely requires legal action |
Scoring Interpretation and Appropriate Response
3-5 Points (Low Severity): Monitoring continues with periodic review. Consider informal outreach to the infringing party to discuss the infringement and potential for resolution without formal legal action.
6-8 Points (Medium Severity): Initiate more formal measures, such as issuing a cease and desist letter or seeking a negotiated settlement. Increased monitoring of the situation to track any changes or escalations.
9 Points (High Severity): Prioritize for immediate action. Engage legal counsel to evaluate the options for litigation or other legal remedies to stop the infringement and seek compensation for damages. Actively monitor for any further infringement and prepare for a robust defense of our IP rights.
Legal Templates @ Template.net
