Legal Intellectual Property Monitoring Rubric

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.



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