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    Archived pages: 452 . Archive date: 2014-01.

  • Title: Q&A with China IP Expert Lucy Nichols | CREATe.org China IP Expert Lucy Nichols
    Descriptive info: Home.. Q A with China IP Expert Lucy Nichols.. Q&A with China IP Expert Lucy Nichols.. September 3, 2013.. |.. Counterfeit.. ,.. Intellectual Property Protection.. SHARE:.. Attorney Lucy Nichols is an authority on intellectual property rights, with more than two decades of experience in IP acquisition, protection and enforcement that spans the globe.. In her most recent role with Nokia, Nichols focused on developing a global IP Brand protection and enforcement strategy that relied heavily on cross-functional input and collaboration.. While her role with Nokia was global, the base of her operations moved from the Americas to Europe and eventually to China where the company s evolving brand enforcement strategy had the greatest impact.. Nichols has held numerous leadership positions in an array of international IP industry associations and a recognized leader in innovative IP strategies.. She joined the Center for Responsible Enterprise and Trade as IP Counsel in July, 2013.. Question: Tell us a little about your most recent role in China.. What were the greatest challenges? Any surprises?.. Answer:.. From 2008-2011, I moved to Nokia s regional headquarters in Beijing, China where I was based and managed the company s global anti-counterfeiting and design infringement activities.. While there, I managed numerous successful IP litigations in Chinese courts involving trademark and design rights.. It was important for me to be on the ground in China working directly with key business people because the majority of counterfeit and illegal copycat manufacturing in Nokia s supply chain was taking place in mainland China and being distributed through Hong Kong.. The biggest challenge was clearly the scale of the problem and determining how best to tackle it from a practical perspective.. The Chinese and Hong Kong enforcement authorities were extremely cooperative and supportive when we approached them with well-developed cases and plans of action.. I formed and led a cross-functional advisory group within the company which ensured that the appropriate IP processes, procedures and policies were in place, and also provided the team I led with specific business-backed priorities.. Armed with a clear mission, we were able to focus our enforcement activities, measure the success of our efforts and make immediate adjustments with input from the business when necessary.. Q: You ve been involved in litigation in China and elsewhere..  ...   me the most about CREATe is its comprehensive approach to IP protection and the numerous resources available to companies participating in the.. program.. Q: What can global companies do to prevent IP theft in high-risk countries?.. A: Many multinational companies are aware of the varying IP registration regimes around the globe and take the necessary steps to protect their IP prior to entering foreign markets.. However, there are an equal if not greater number of companies that fail to proactively protect their IP and proprietary information in a timely manner.. These companies are frequently surprised to learn that their IP has already been registered and/or the security of their manufacturing know-how has been compromised in foreign markets.. The most important step every global company can take to reduce the risk of IP theft is to assess and evaluate the adequacy of their internal IP policies and processes and make the necessary adjustments to protect their IP assets.. # # #.. For companies looking to improve IP protection, CREATe.. org offers.. CREATe Leading Practices for IP Protection.. , a three-step program providing assessments, tools, training and resources for companies to guide improvements.. CREATe Resources:.. Counterfeits Whitepaper:.. The.. Health and Safety Risks of Counterfeits in the Supply Chain.. Trade Secret Whitepaper:.. Test Your IP Exposure Quiz.. : Do you have systems in place to protect against IP theft? Take our.. quiz.. to find out.. Model IP Policies:.. sample policies for companies looking to implement policies to protect IP, available in English, Chinese and Brazilian Portuguese.. IP risks.. : documents outlining risks specific to copyright, trade secrets, trademarks and patents.. Free Trial.. : Join the pilot program of.. info@CREATe.. to learn more.. SUBSCRIBE.. TAGS.. Intellectual Property (46).. Anti-corruption (36).. Supply Chain (17).. Intellectual Property Protection (17).. Counterfeit (15).. Global Supply Chains (11).. Compliance (9).. Trade Secret Theft (8).. IP (5).. FCPA (2).. Corporate Social Responsibility (2).. Events (1).. risk mitigation (1).. corporate compliance (1).. fighting corruption (1).. FEATURED STORIES.. Intellectual Property Protection: Not Just for the Legal Department.. Fighting Corruption: Good for Corporations.. Pilot Update: IP Protection Status – Insight on Asia.. IN THE NEWS.. Foreign Affairs: How to Protect Intellectual Property by CREATe’s Pamela Passman.. Visit News Events.. 2 days 13 hours.. 2 days 19 hours.. 3 days 18 hours..

    Original link path: /views-blog/qa-china-ip-expert-lucy-nichols
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  • Title: Counterfeit Products - Health and Safety Counterfeit |CREATe.org
    Descriptive info: The Top Three Risks of Counterfeit Products.. August 31, 2013.. org resources:.. Whitepaper:.. in the Supply Chain.. Overview: IP Risks:.. Trademark and Design Rights.. Counterfeit products have serious consequences for companies.. They can harm a brand s reputation for quality and safety, physically harm customers if they work improperly, and cause business disruptions if found in the supply chain of manufactured goods.. Although a company might not be able to protect itself 100% from counterfeit goods, it can put in place policies and procedures to mitigate these top three counterfeit risks:.. 3).. Counterfeit Components in the Supply Chain:.. Counterfeits in the supply chain, from trademark and design right violations, can produce serious product quality and security problems, consumer safety concerns, and financial risks for your business.. How to mitigate the risk:.. Institute clear policies, procedures and contracts prohibiting procurement of counterfeit items and regulating use of trademarks and designs.. This can include trademark use procedures and design guidelines, and contractual provisions that cover licenses, use, and redress related to trademark  ...   internally and among suppliers.. Implement relevant standards, such as for software asset management (e.. g.. , ISO 19970) and information security (ISO 27001).. The Business Software Association (BSA) offers a software asset management program called Verafirm, which is suited for small and medium-sized companies:.. www.. verafirm.. 1).. Defective/Counterfeit Products Pose Safety Risk to Customers:.. Counterfeit designer handbags and luxury watches are first to come to mind for most people; however, counterfeits cross all product categories including pharmaceuticals, spare parts for airplanes, automobile airbags, and electronics.. All of these products require strict component regulations and safety standards which when ignored can lead to explosions, fires, electric shocks, network crashes, and even physical injury and death.. Conduct adequate risk assessment in supplier selection, which takes into consideration a range of relevant factors including country, type of product, public information, historical performance, and presence of management systems.. Maintain good supply chain management and monitoring, including regular checks of product and component security and compliance, feedback on customer complaints and returns, and market monitoring..

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  • Title: IP Protection in China | CREATe.org
    Descriptive info: IP Protection in China.. August 27, 2013.. org s President and CEO, Pamela Passman, is joining leaders from Intel, IBM and Qualcomm to speak at the.. China IP Summit.. in San Francisco in October.. As part of the event, the IQPC team.. interviewed experts.. to discuss IP in China.. Following is a Q A with Pamela Passman.. What role does Create.. org play in trying to promote IP Protection in China?.. Passman:.. org is working on several levels to promote IP protection in China and around the world.. First, we are currently exploring partnerships with Chinese academic institutions, think tanks and organizations such as the Ministry of Science and Technology, to promote world-class principles of IP protection.. Second, we have launched a pilot of the.. program in Chinese and currently have a broad range of Chinese multinationals and supply chain companies taking our three-step program which is designed to help companies implement systems to protect IP and to measure and improve them over time.. We are also in the process of looking for additional local partners to help implement our program more broadly.. What mistakes do you find companies make when it comes to protecting IP with supply chain partners?.. Generally companies do a good job at including language in contracts in regard to the protection of IP.. However, the primary challenge with supply chain partners is in ensuring that these companies have systems in place to be able to meet the requirements of the contracts.. Companies typically do not know how to gain transparency into a company s ability to appropriately use and manage IP until it is too late.. The Conference Board conducted a survey of IP and Compliance attorneys working with global brands and in the case of trade  ...   moves away from the typical due diligence and audit approach and instead takes a collaborative measure and improve approach which helps supply chain partners build management systems to effectively protect the IP of clients.. What are some ways to reduce the cost of protecting IP in China?.. As much as 75% of most organizations value and revenue source are in intangible assets, IP and proprietary competitive advantages.. As such, the greatest cost can actually take place after IP theft occurs.. For example, after a former Ford Motor Co.. engineer copied 4,000 Ford documents onto an external hard drive and went to work for a competitor, Ford estimated that it suffered more than.. $50 million in losses.. I would argue that the best way to reduce costs for IP protection is to take proactive measures to ensure that your supply chain partners have a clear understanding of a company s expectations for IP protection.. They should have practices in place, such as training, security measures, a team addressing IP protection and protocols to address issues that do arise.. What would be the biggest tip you d suggest to a company thinking about expanding their business into China?.. Do a great job ensuring that your own operations and employees are implementing the leading practices in managing and protecting IP, and conduct the appropriate due diligence and ongoing engagement with your supply chain and other business partners.. By collaborating with your business partners on an ongoing basis to help them develop best practices to protect your IP, you are not only sending a clear message about the importance of this aspect of your business relationship, you are providing the tools and guidance to enable your business partners to be world class.. This is a win-win..

    Original link path: /views-blog/ip-protection-china
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  • Title: What are Trade Secrets - Trade Secrets | Create.org
    Descriptive info: What are Trade Secrets?.. August 22, 2013.. Trade Secret Theft.. Continuing our series on.. intellectual property.. (IP), in this post we discuss trade secrets.. Trade Secrets are a form of intellectual property which unlike design rights, patents, copyrights and trademarks, are not publicly registered.. Trade secrets include confidential technical or business information that is commercially valuable and subjected to reasonable steps to maintain secrecy.. There are many types of trade secrets among different companies and industries.. For example:.. The confidential design of a unique product (e.. , a highly efficient racing tire);.. The inner workings of a technical system (e.. , an electronics or software product, or online service); or.. Proprietary business information or know-how (e.. , customer lists, financial data, or new and better ways of manufacturing).. Trade secrets provide companies with competitive product and business advantages because they consist of the company s proprietary information which is not shared with people outside the company.. This type of intellectual property can represent a company s crown jewels.. Companies spend time and resources on research and development to create proprietary information.. If trade secrets are not protected, companies risk a tremendous loss of assets to another company and potentially an industry that did not  ...   and business value; legal claims, damages, and injunctions; and conflicts of interest and compromising of employees and suppliers.. Case in point: Recently Heraeus, a German-headquartered technology company, obtained a $500,000.. judgment.. against a former employee in its North America branch who downloaded hundreds of company trade secrets before resigning from the company.. A more staggering example: a former Ford Motor Co.. engineer copied 4,000 Ford documents onto an external hard drive and went to work for a competitor.. Ford estimated that it suffered more than.. Although governments are stepping up available remedies for trade secret theft, companies should have procedures in place to protect their trade secrets to avoid court proceedings.. Recommended actions include:.. Robust management of confidential information and physical and IT security,.. such as need to know disclosure, segregation of secret information, and robust physical and IT security standards.. Adequate contracts with employees and suppliers internally and among business partners,.. which extend to all relevant personnel, require confidentiality, and provide workable redress.. Ongoing risk assessment and monitoring,.. in order to make sure policies and procedures are followed, security is maintained, and trade secrets are not turning up or used elsewhere.. :.. documents.. outlining risks specific to copyright, trade secrets, trademarks and patents..

    Original link path: /views-blog/what-are-trade-secrets
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  • Title: IP Protection Guide - NEW! | CREATe.org
    Descriptive info: IP Protection Guide - NEW!.. August 20, 2013.. A recent.. WSJ article.. showcased the lengths taken by a Japanese battery maker to protect its intellectual property (IP): production is split among six teams, components are sourced independently and suppliers are not exposed to final adjustments.. There is valid cause for concern: according to the article, only half of employees at Japan-based firms leaving their company sign nondisclosure agreements.. What systems are in place within your company and among your suppliers to protect your IP? According to research by The Conference Board, 52% of executives surveyed rate IP protection as very challenging.. Additionally, they noted that trade secret theft is considered the greatest IP risk.. More than 60% view emerging markets as highest risk,  ...   to protect IP.. Next is an independent evaluation.. The final and ongoing step is the improvement portion of the program.. Guide to Improving Your IP Protection Program.. For the improvement plan, each company has access to CREATe.. org s 250-page Guide to Improving Your IP Protection Program.. Available in English, Chinese and Brazilian Portuguese, the Guide outlines the steps necessary to improve the maturity of processes and practices to protect IP.. The Guide also features tools and resources, such as sample policies, contractor agreements, letters to employees, sample procedures, IP checklists and other information specific to a broad range of IP, from trade secrets to copyright.. To learn more about the Guide and participating in CREATe Leading Practices for IP Protection, please email us:..

    Original link path: /views-blog/ip-protection-guide-new
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  • Title: CREATe.org Boosts Chinese and IP Expertise | CREATe.org
    Descriptive info: org Boosts Chinese and IP Expertise.. August 16, 2013.. CREATe is delighted to welcome the newest members of our organization: Lucy Nichols will be serving as Intellectual Property Counsel and Weili Shen joins as Head of Service Support.. Lucy Nichols: IP Leader, Former Director of Brand Protection at Nokia.. Lucy Nichols is an internationally respected intellectual property attorney with more than 20 years experience in the acquisition, protection and enforcement of IP rights.. Lucy earned her law degree from Georgetown University Law Center in Washington, D.. C.. , and was an associate attorney with leading IP boutique law firms in Washington, D.. and New York City prior to joining Nokia in 2000 as Americas Trademark Counsel.. In 2003, Lucy transitioned into the global role of Director of Brand Protection at Nokia s headquarters in Europe and assumed global responsibility for the company s trademark and patent design portfolios, as well as the associated enforcement and litigation.. From 2008-2011 she focused on addressing counterfeiting and design infringements while based at Nokia s regional headquarters in Beijing, China and managed numerous successful IP litigations in Chinese Courts involving trademark and design rights.. Lucy has held leadership positions with various IP industry associations, including the International Trademark Association and the Quality  ...   property and anti-corruption issues.. She received her Bachelor of Law in International Economic Law from Shanghai International Studies University.. She also earned a Master of Pacific International Affairs from the University of California, San Diego, Graduate School of International Relations and Pacific Studies.. She started her career in Shanghai where she was a legal and corporate affairs professional with a multinational corporation.. While there, she conducted due diligence on external vendors and outbound investment, maintained records and regulatory filings and reviewed contracts and agreements in both Chinese and English.. Prior to joining CREATe, Weili provided consulting advice to U.. S.. companies seeking entry into China.. Weili also served as a program manager and coordinator for the University of Maryland China Initiative, Pacific Northwest Economic Region, and Washington State China Relations Council where she gained expertise on U.. -China relations, served as a point of contact for business partners, and managed operations.. org, Weili Shen will manage the service support for CREATe.. org s two programs:.. CREATe Leading Practices for IP Protection.. and.. CREATe Leading Practices for Anti-Corruption.. She will help companies involved in the service, which currently include companies in China, Brazil, India, Japan, Europe and the US, to effectively measure and improve their IP and anti-corruption management systems..

    Original link path: /views-blog/createorg-boosts-chinese-and-ip-expertise
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  • Title: Crackdown on Counterfeits| CREATe.org
    Descriptive info: Crackdown on Counterfeits.. August 12, 2013.. Multinational corporations lose $250 billion annually in intellectual property (IP) theft in the form of counterfeit and pirated products.. To stem the tide of counterfeits, governments are stepping up resources and also collaborating across borders in global crackdowns.. A recent Reuters.. article.. details the collective efforts by the United States and China to seize counterfeit goods.. The month-long operation involved the seizure of more than 243,000 fake electronic products being exported from China or imported through U.. Customs.. According to the article, American and Chinese customs officials acted on shared information to crack down on infringement of intellectual property rights.. China s Vice Minister of the General Administration of China Customs is a proponent of enforcement agencies around the world working more closely to stop  ...   European Commission report.. highlighted that in 2012, more than 39 million different items were seized at European borders clocking up a total retail value of 991.. 9m.. Nearly every industry is challenged by counterfeits.. A U.. Senate committee report described 1,800 known cases of suspect counterfeit electronic parts in the defense supply chain, originating from more than 650 companies.. The U.. Federal Aviation Administration has estimated that more than 520,000 counterfeit parts are installed on planes each year.. The pharmaceutical sector is victim to various forms of counterfeiting, ranging from false labeling to the addition of toxic or adulterated raw ingredients.. To learn more about the Health and Safety Risks of Counterfeits, download our.. whitepaper.. CREATe Resources for IP Protection:.. Model IP Policies.. :.. The Health and Safety Risks of Counterfeits..

    Original link path: /views-blog/crackdown-counterfeits
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  • Title: CREATe Anti-Corruption Quiz: Test Your Vulnerability | CREATe.org
    Descriptive info: org’s Anti-Corruption Quiz: How Vulnerable is Your Company?.. August 2, 2013.. Anti-corruption.. Corruption is an issue facing companies of all sizes doing business today.. With continued aggressive enforcement of the U.. Foreign Corrupt Practices Act, the UK Bribery Act, and the adoption of anti-bribery laws in countries around the world, companies must ensure that they have effective compliance systems in place to prevent, detect and mitigate corruption risks.. The most common points of vulnerability include:.. Payments to third parties.. which can be used to channel bribes between the company and foreign officials.. Charitable and political contributions.. which can become a form of bribery when offered or given to a foreign official in exchange for competitive advantage.. Facilitation payments.. some laws exempt the payments made to expedite or secure routine official actions only if they are nondiscretionary, small and properly recorded; however, they are considered bribes in most countries.. Mergers and acquisitions, joint ventures and other business combinations.. present  ...   practices your company and your business partners should have in place to effectively prevent corruption.. Many companies have implemented good anti-corruption policies and procedures, but do not actively monitor them to ensure that they are implemented effectively.. Others train their employees, but do not communicate with or train business partners in order to promote anti-corruption efforts along the supply chain.. Do you know whether your business partners are complying with international standards and legal requirements to prevent corruption?.. The quiz asks participants to respond with their level of agreement with prompts such as the following:.. Does your company perform anti-corruption-specific due diligence on new key external partners?.. Does your company have a process to drive continual improvement in your anti-corruption compliance efforts both internally and with key business partners?.. Do your key business partners have protocols to monitor and measure anti-corruption compliance?.. Take the quiz now.. and learn what you can do to improve practices and reduce risks..

    Original link path: /views-blog/createorg%E2%80%99s-anti-corruption-quiz-how-vulnerable-your-company
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  • Title: GSK - China's Anti-Corruption Efforts | CREATe.org
    Descriptive info: Corruption: Is Compliance a Priority?.. July 29, 2013.. The recent bribery investigation of GlaxoSmithKline s Chinese.. operations.. is likely to give companies a heightened sense of urgency about their compliance efforts.. For the first time, China is cracking down on corruption in the pharmaceutical industry and demonstrating that it is.. serious.. about anti-corruption enforcement.. The case is attracting global attention as this action is the first bribery investigation China has launched against a foreign company.. As part of the investigation, China s investigative body.. detained.. two foreign nationals and is visiting the offices of other non-Chinese multinational companies in China, as part of what some are calling an industry sweep.. The Importance of Extending Practices to Third Parties.. Although GSK implemented procedures in many of its business units, its unit in China had not implemented such procedures.. Conducting not only due diligence, but also, assessments, training, and ongoing collaboration to improve practices with your suppliers and business partners is important for mitigating compliance risks across global  ...   legislation in line with these global compliance guidelines which, for the first time, makes companies liable for corrupt activities taking place locally or abroad.. It doesn t stop there.. The G20 has strong anti-corruption initiatives and the Organization for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions establishes legally binding standards to criminalize corporate bribery of foreign public officials.. The 39 signatory countries are responsible for two-thirds of world exports and three-quarters of foreign investment.. The bottom line: there is little tolerance for corruption across the world and companies need to be diligent about implementing strong.. compliance.. programs internally and with external third parties.. CREATe Anti-Corruption Resources on our website:.. Anti-Corruption Guidelines.. links and insight into top international anti-corruption guidelines.. Available in English, Chinese and Brazilian Portuguese.. Anti-Corruption Test.. Is your company adequately addressing corruption? Take this short test to find out.. Understanding Corruption Risks.. an overview of the financial, legal and reputational risks associated with corruption..

    Original link path: /views-blog/corruption-compliance-priority
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  • Title: Intellectual Property: Patents | CREATe.org
    Descriptive info: What is IP? Patents.. July 24, 2013.. Intellectual Property.. (IP), in this post we discuss patents.. Patents are a form of.. that gives their owners the exclusive rights to produce, use, and sell an innovation for a designated period of time.. Patents are not automatic or necessarily universal.. They must be registered in each country where the owner seeks to protect the innovation.. Patents are often acquired in new technology sectors, such as information and communication technology, and pharmaceutical and biotechnology industries.. They are also common in many traditional industries, such as the automotive, chemical and other manufacturing sectors.. Patents are heavily based on the technical aspects of an invention, so two different inventors may have patents on two different elements of a particular product, and two seemingly similar products may include very different patented technologies.. For this reason, it is imperative to know your patent-eligible innovations and ensure that they are legally protected.. Why protect this type of intellectual property?.. Patents are a legal mechanism in place to encourage and safeguard innovation.. A company may develop a technology or process that provides a competitive advantage, but if there is no patent, there is often no barrier to other companies or employees plagiarizing and profiting from that innovation.. A company that fails  ...   of these provide a great way of generating investments in innovation, and allowing returns on investment to promote further innovation.. Patents are also an important mechanism for sharing technical knowledge that otherwise might be kept secret.. The information in patent applications is made public, and the security of owning a patent encourages collaboration with other patent owners in expanding research and development to mutual advantage.. Why is it important not to infringe others patents?.. Patents do present business and financial risks to those who infringe them.. Without a patent license, those that use someone else s patented technology can be at risk of being taken to court, paying substantial compensation to the patent owner, and potential suspension of their sales, manufacturing, imports and other business in infringing items.. Companies are well-advised to establish management practices to help avoid these kinds of risks.. CREATe recommends that companies establish and clearly communicate policies and procedures for their employees and business partners about patent protection, including keeping up-to-date documentation of secured patents and patent licenses, promptly reporting patent infringement claims, and regularly assessing supply chains to determine whether patents are being used properly.. CREATe Resources: Visit our.. tools page.. for a more detailed review of the risks of not protecting your inventions or their associated patents..

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  • Title: DOS training: Safeguarding IP in Global Supply Chain | CREATe.org
    Descriptive info: Protecting IP in the Global Supply Chain: Do you know how?.. July 15, 2013.. CREATe Vice President of Advocacy and Stakeholder Engagement,.. Leslie Benton.. , will be speaking about Global Supply Chain Safeguarding Intellectual Property at the U.. Department of State Foreign Service Institute training for Foreign Service Officers who have intellectual property (.. IP.. ) as part of their portfolios.. She will be joined by Department of State IP enforcement officials, IP attorneys, other government IP specialists, and private IP professionals to discuss the importance of protecting IP not only in individual firms, but throughout the global supply chain.. IP is one of the most valuable assets to a company because it contains proprietary data which often is the product of tremendous time and resources, and represents the risk of a huge investment loss  ...   freely.. When considering compliance programs for their supply chain and business partners, companies should consider implementing programs to protect their IP.. increasing.. risk of IP theft makes IP protection an integral part of supply chain management.. Effective IP protection systems should involve the following:.. Concrete and published policies and procedures, and accurate record-keeping.. IP compliance team.. Thorough assessment of risk.. Security and confidentiality management.. Training and capacity building.. Supply chain due diligence.. Monitoring and measuring progress.. Corrective actions and improvements.. CREATe Leading Practices for IP protection takes the approach of assessing, evaluating, and improving the IP protection systems you have in place.. Our offering provides practical, cost-effective online programs and training to help you bolster your IP safeguards.. Take CREATe s trial.. IP Self-Assessment.. to identify whether your company follows best practices for IP protection policies..

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