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Apr 13 2018

Insider Threats And Data Breaches: They’re Not Always What You Think …

There’s something you should know before you invest your entire IT and information security budget on technical solutions – if a smart thief wanted to steal your intellectual property and/or your client’s confidential information (e.g., credit, financial, and contact information taken during the Equifax data breach), they’d act like a gangster and walk in the front door and take it.

Why? When it comes to protecting what’s worth stealing, it’s your employees, not your computers, that are the weakest link.

Employees are within the human resources (HR) wheelhouse, so this is a topic of great importance to me. Some years ago, I worked in an organization that invested a lot of effort to keep its intellectual property and confidential employee information protected. This was done in two ways: (1) careful hiring and HR processes and (2) technical measures including firewalls, information security protocols, etc. Both approaches were necessary. It hasn’t become a popular concept, as yet, but it’s easy to argue that cybersecurity alone is not enough.

Many of us have heard of Edward Snowdon, the former NSA Subcontractor who disclosed an immense volume of confidential information to journalists and online sources. After working in an organization that shares some similarities with the NSA, I think it’s safe to say that the presence of sophisticated technical measures was not enough to prevent the intentional disclosure of confidential information. In fact, this scenario is an example of an Insider Threat.

“Insider threats can be defined as risks posed by rogue employees who deliberately cause harm, or by those who may be negligent in the workplace.

Security Hinges on its People, FrontLine Security Magazine, October 2017).

 

 

If insider threats are a real problem why isn’t it better known?

 

analog insider threats

Not all data breaches are external or digital …

Most of us have heard about data breaches that have occurred in organizations that have much bigger security budgets than ours. For example, the NSA and Equifax breaches that I just mentioned. Plus, there have been big breaches at Yahoo, Home Depot, Target, and others. I’ve done extensive research on this topic and one thing is crystal clear: 75% of these data breaches originate inside organizations. Often, we don’t hear about the causes of those breaches because they make the organization look terrible. It has a negative impact on the public’s trust and confidence in the organization’s ability to protect corporate information, including clients’ and/or customers’ personal information. When an organization experiences a security breach, their current and future clients, strategic partners/affiliates, and members of the general public are likely to see the organization as irresponsible. Negative financial consequences usually follow. Approximately 60% of smaller companies are bankrupt within 6 months of a major security breach, so it’s no wonder this is kept quiet.

How can HR, based on I/O psychology help?

I’m addressing this topic because I understand that HR has an important role to play in preventing these insider threats. One problem is that most organizations don’t recognize that HR can make valuable contributions to the risk management process. Another problem is that the C-suite and the IT/information security folks don’t necessarily recognize the role that HR could be playing to keep confidential intellectual property and client information from leaking out of the organization. For example, many organizations don’t address workplace bullying as proactively or completely as they could. They haven’t understood the link between malicious insider threats that are inspired by anger or a desire for revenge that comes from being severely mistreated at work. The consequences of ongoing suffering in toxic workplaces are even more severe when essential government services and critical infrastructure are at risk. So, if the threat of lost productivity and lawsuits aren’t a big enough justification for improving HR policies and practices, the likelihood of insider threats should catch the attention of key decision-makers.

no wonder this is kept quiet.

 

How can HR, based on I/O psychology help?

I’m addressing this topic because I understand that HR has an important role to play in preventing these insider threats. One problem is that most organizations don’t recognize that HR can make valuable contributions to the risk management process. Another problem is that the C-suite and the IT/information security folks don’t necessarily recognize the role that HR could be playing to keep confidential intellectual property and client information from leaking out of the organization. For example, many organizations don’t address workplace bullying as proactively or completely as they could. They haven’t understood the link between malicious insider threats that are inspired by anger or a desire for revenge that comes from being severely mistreated at work. The consequences of ongoing suffering in toxic workplaces are even more severe when essential government services and critical infrastructure are at risk. So, if the threat of lost productivity and lawsuits aren’t a big enough justification for improving HR policies and practices, the likelihood of insider threats should catch the attention of key decision-makers.

If you’d like to learn more about how psychology and HR can help prevent insider threats, listen to Episode 27 of The Insider Threat Podcast where I speak to host Steve Higdon about this topic. Note – since the time that this article was published, I was an invited guest on Scott Wright and Tom Eston’s Shared Security Podcast and we spoke about different aspects of this issue.

Have a sensitive career or HR-related concern? I invite you to contact me by email, phone, or via direct message on Twitter, Facebook, or LinkedIn if you’d like to discuss any of these topics in more detail.

More than career coaching, it’s career psychology®.

I/O Advisory Services – Building Resilient Careers.

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Written by Dwania Peele · Categorized: Dr. Helen Ofosu · Tagged: Cyber, cyber security, data, HR, Intellectual Property, IP, security

Sep 29 2017

Starting Local and Deciding Whether to Go Global – Three Trademark Related Questions to Ask

As I find myself in both familiar and foreign territory visiting family overseas I have been appreciating the differences in the entrepreneurial rhythm of a different culture and society. Small business tends to dominate the economic fabric of most societies and in many places growing a small business beyond the local area it initially is set up to serve is just not be part of the plan. When there is a clear vision to serve a local customer base, a small business may have different branding and trademark priorities than a business that has an eye on growth and expansion beyond its local presence.

To tease out some of these differences and navigate the implications for developing a trademark strategy let’s focus on three questions: “Can I”, “Should I” and/or “When should I” take steps to adopt and register a trademark.

Implicit in this bundle of questions is the presumption that at some point consideration should be given to registering trademark(s). There are a multitude of good reasons for registering a distinctive trademark in order to support the branding of a business, locally focused, or not. Unless a business operates using generic or descriptive terms to make itself and its offerings known in the marketplace, often the issue is a question of timing and the prioritization of resources, and not so much if it is worth doing in the first place.

Using the food and beverage industry as an example, consider a customer’s dining experience at a hip restaurant in the trendiest part of town. If positive, the customer knows the experience depends on the chef and ambiance created on site. The name of the restaurant is a marker of where to go to get the desired experience. This is in contrast to when a customer likes a food or beverage product that has been scaled for distribution through multiple outlets. In this case, the trademark associated with the product is the one thing that can inspire confidence in consumers that they are getting what they are looking for from a reliable originating source. In both cases, the initial key legal concern is to avoid infringing on the marks of other food/beverage enterprises. Conducting a clearance search to address the “Can I” adopt and register a trademark question is the first investment needed before moving on to the “Should I” question, and/or to the “When should I” question.

If the “Can I” question is answered in the positive, going to the appropriate next question requires a deeper inquiry about whether to remain a locally focussed small business. Basically, any time that a small business owner turns their mind to developing product lines, franchising opportunities, or selling the business, the option to register trademark(s) should be visited, or revisited, as the case may be.

The “Should I” question of whether or not to register a trademark comes into play if the reputation and good will of your business is likely to develop primarily from customers associating their experience with the people and/or location representing the business, rather than a product that is being sold. Other examples of such businesses may be service-based enterprises (e.g. individual coaches and wellness providers), intermediate (B2B) supply chain distributors, and common commodity retailers (e.g. local convenience stores). Customers are attracted based on what they know about the experience interacting with personnel and/or the experience they have by accessing the business site. In these situations, when the customer has or can have more direct contact with the business owner, taking the step to register a trademark may not be as crucial.

In any event, the “Should I” question answered in the negative need rarely be a final decision. Within certain limits, this decision can become a decision to put off registering a trademark as part of a “When should I” inquiry. If after a risk assessment, putting off the registration of a trademark is the sound business decision to make, the ever changing commercial landscape is reason enough to periodically revisit that decision.  This can be done by monitoring the commercial landscape (e.g. through online searches) and the activity at relevant Trademark Offices. This allows small business owners the opportunity to have notice of marks being adopted by others and of applications to register confusingly similar marks. With notice, a small business owner can then take the necessary action, with the support of an experienced trademark professional, to address competitive threats through trademark registration, negotiation, or otherwise.

———————————

Ariadni Athanassiadis

Kyma Professional Corporation

T: 613-327-7245

E: ariadni@kymalaw.com

W: www.kymalaw.com

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Written by Dwania Peele · Categorized: Ariadni Athanassiadis · Tagged: Ariadni Athanassiadis, Intellectual Property, trademark

Feb 28 2017

Product Design – More Than Meets the Eye

I recently read an insightful and catchy confessional article by a product designer in RedShift: https://redshift.autodesk.com/small-business-tips-product-designer-confessions-part-1/. It struck me how each of the lessons she raised from a business point of view has its parallel from an intellectual property and legal point of view.  So, I thought in today’s post, I would map out those IP related tips to round out the sharing of insights from one entrepreneur to another.

 

  1. Do Your IP Homework Before You Launch – As much as you need to know the ins and outs of launching a crowdfunding campaign, or working with the manufacturing cycle that supports a product sales cycle, you also need to know what intellectual property issues to consider before you put a product into circulation.  Certain intellectual property rights that can give your product a competitive edge in the market place require that you take steps to secure those rights before you do the big reveal (e.g. patents and industrial designs).  Among other things, taking steps to register IP rights before you launch a product can deter the making of copycat goods and give you access to border control remedies to prevent counterfeit product from entering into circulation.

 

  1. Every New Solution Should Trigger an IP Evaluation – So you know your shiny new product is one of a kind and deserves some attention from an IP standpoint, but what about all of those tricks of the trade that make production easier, packaging snazzier and distribution more efficient? Having a 360 IP view of these processes and product branding tools offers you more opportunity to structure your business so that you can keep your price points down and present your product to capture the heart and minds of customers. Whenever you tell your customers that you have a proprietary process that allows you to put less stress on the planet, or offer packaging that doubles as a handy tool to get the best use from your product, there is innovation there to evaluate for its IP value to your business.

 

  1. Be Sure Your Partners Understand and Value IP – If a manufacturer who makes 25 cent souvenirs is not a good fit for making your high end home product line, then neither is a manufacturer who does not bring into the equation a discussion or contractual terms to address how you will manage IP rights between you.  Partners who do not pay attention to IP rights as part of their up-front business dealings are less likely to have robust systems in place to prevent your CAD drawings (or blueprints as they used to call them in my previous lifetime), end-up in the wrong hands.  One way to gauge their sophistication and attitude towards the IP rights of their partners is indeed to meet them and to start-off the business discussion with a request for a non-disclosure agreement. Observing the response you get can tell you whether there is an alignment of business values to merit taking the discussion to the next level.

The moral of this story, is that for every business consideration, there is a parallel IP and legal consideration, and while they may not always be easy to recognize it is worth the effort to look into with everything else.

Ariadni Athanassiadis is the lead attorney of Kyma Professional Corporation, which provides intellectual property (IP) legal services to help your business develop and benefit from the creative efforts and assets that make it distinctive. Whether it is your brand, product, services, designs, technology or business processes, Ariadni can help design IP legal solutions which let you make the most of what you give to your business.

———————————

Ariadni Athanassiadis

Kyma Professional Corporation

T: 613-327-7245

E: ariadni@kymalaw.com

W: www.kymalaw.com

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Written by Dwania Peele · Categorized: Ariadni Athanassiadis · Tagged: Ariadni Athanassiadis, CAD Drawings, crowdfunding, Intellectual Property, IP homework, launching, product design, RedShift

Oct 29 2016

Reaching for the Moon – Entrepreneurship and the Alchemy of Ideas and Relationships

 

ari-2In the coming months, I plan to cover those indispensable tips for working with various forms of intellectual property (IP) in your business, such as copyrights and trademarks.  To set the stage, I would like to touch on the desire we have as entrepreneurs to protect our “ideas”.  At the risk of bursting some bubbles, the reality is that the legal system is really not designed to protect ideas. Instead, the whole premise behind having IP legal regimes is to promote the conceptualization, application and exchange of ideas. So if this is the case, why have IP legal regimes or “protect” anything in the first place?

 Before going down a rabbit hole, let me back-up for a moment and try to clarify what I mean when I use the word “idea”. To me an idea is what comes from inspiration, like the epiphany in the mid-20th century that we could fly to the moon. Examples of innovation and creativity around this idea are everywhere, and include everything from Sinatra’s classic rendition of “Fly Me to the Moon,” to NASA’s Apollo missions, to today’s quest by Branson and others to make private space travel a reality. Our drive to innovate is so core to our humanity it bubbles up everywhere, all the time, in all corners of the universe, in all arts, fine or technical, and in all human enterprise and cultures.

So it is not the ideas, but the innovation that flows from them that is addressed by our society. One way this is done is reflected in IP legal regimes. These regimes speak to what happens when an idea is being translated into a result and made accessible to the public. This can only happen in the co-creative processes that take place in relationship with one another. In these relationships there will be intersecting interests and layered rights that arise and are engaged. Innovation in business is no less personal or fundamental to our existence as it is in other areas of our life, and like many other social imperatives can be supported by guidelines and frameworks for balancing interests and contributions to it. While the debate is always open about whether or not existing frameworks help or take away from achieving the best balance, society will always seek to find harmony through constructs for managing relationships.

The two primary issues that IP legal regimes address are who benefits from intellectual endeavour and how. In general terms, the various regimes create economic rights for creators/innovators and rights of use for the public because, after all, the governments and legal systems that grant rights in the form of patents, trademarks, copyright, industrial designs and trade secrets (confidential information) are there for and on behalf of the public.

So when NASA decides to release a chunk of its patent portfolio (under certain terms and conditions of course –http://www.sciencealert.com/nasa-just-released-56-patented-space-and-rocket-technologies-to-the-public) we are witnessing that the way things may have been done in the past can change and adapt to the way they need to be for the future, shifting the balance point in the relationship between governments, the marketplace, and the public interest.

At the end of the day, innovation is fueled by a continuing tradition of alchemy between ideas and the relationships which shape and mould them. In my experience, the ideas can be relatively easy to come by, but the magic comes from what we do in relationship with one another on our quests for the philosopher stone, or perhaps, just a little moon rock.

Ariadni Athanassiadis is the lead attorney of Kyma Professional Corporation, which provides intellectual property (IP) legal services to help your business develop and benefit from the creative efforts and assets that make it distinctive. Whether it is your brand, product, services, designs, technology or business processes, Ariadni can help design IP legal solutions which let you make the most of what you give to your business.

———————————

Ariadni Athanassiadis

Kyma Professional Corporation

T: 613-327-7245

E: ariadni@kymalaw.com

W: www.kymalaw.com

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Written by Dwania Peele · Categorized: Ariadni Athanassiadis · Tagged: Apollo, Ariadni Athanassiadis, Branson, copyright, entrepreneurship, idea, ideas and relationships, innovation, Intellectual Property, IP, Kyma Professional Corporation, legal, NASA, trademark

Sep 29 2016

Intellectual Property is Your Business and “A rose by any other name …”

 

ari-2

I remember my first exposure to Shakespeare in high school and the stress it caused when I realized that somehow I had to understand what looked like English, but which to me, might as well have been written in Klingon. I have witnessed the same stress in business owners when the topic and lingo of intellectual property comes up. The way to get through it, like anything else, is to start with what does make sense and go from there. So, with that in mind, let me recount to you the gist of two conversations I recently had with business owners about intellectual property and their business.

 

Do I really need to bother with intellectual property?

The short answer to that question is IP is always part of your business, so why wouldn’t you? Let’s also consider, however, the context for the question.

The question was prompted after a business owner received mixed messages from her board of advisors about the relevance of intellectual property (IP) to her business, an enterprise focused on educating young entrepreneurs. The different perspectives of her advisors ranged from “forget about IP” to “worry about it later”; focus instead on your “value proposition and managing risk”.

This thinking reveals some common misconceptions about what IP is and the role it plays in a business. The first was that IP can somehow be disassociated from managing risk and is extraneous to the brand, content, and expertise, at the core of her business. In fact, in this case, content is her product, and so the value proposition of her business is all about IP.  Selling her brand of content fundamentally relies on working with her copyrights and trademark rights. Whether or not she chooses to register these IP rights is another question, but even if she does not, she will still be using those rights in her transactions with publishers, distributors and customers.

Then there is the idea that you can put off addressing IP issues until you have some traction in the marketplace and some cash to spare. While addressing IP issues early on can indeed pull on meager start-up resources, suggesting you can cut IP out of the business incubation stage is like saying you can add yeast to bread to make it rise after you have baked it. In reality, you can make the most of the bread (and butter) of your business if you take the time to consider the legal nature of your creative assets from the get go. To do otherwise, is to risk not achieving the very thing you set out to do.

 

If I am dealing with intellectual property in my business, I don’t know it.

The business owner who raised this point works with a number of artisans and was thoughtfully reflecting on how business relationships seem to work fine without bringing intellectual property into the conversation. I get it. The more you talk about “legal stuff”, the harder it can be to get folks on board. The thing is, at the risk of being repetitive, IP is part of the equation even if not seen or acknowledged, and the math generally will not work in the long run if it is not somehow accounted for. So knowing this, would you rather address IP issues before or after they become a problem?

While the language of IP is not the most prosaic, understanding and talking about what something is, instead of around it, makes for clear, transparent and informed conversations, conducive to building solid business relationships. You can also save everyone the trouble of investing in relationships which are not a fit to begin with.

Whenever I have had this discussion with small business owners, I am reminded of my early days as a gardener, going to the nursery, buying plants and overlooking some of the details about how to care for them in different seasons. During the summer, flowers bloomed and there was new growth. In the fall and winter I would bypass a few steps to help the plants weather the colder days, and then when spring arrived, there was not much of a garden to speak of. Out of pocket and starting over, it was clear that there is no substitute for having a few targeted conversations and paying attention to the details.

And so it is with IP and your business relationships –  a more thorough understanding of your creative assets is always a plus and with this knowledge, the options for cultivating business plans and relationships become more numerous, adaptable, sustainable and reflective of the real value of your business.

 

Ariadni Athanassiadis is the lead attorney of Kyma Professional Corporation, which provides intellectual property (IP) legal services to help your business develop and benefit from the creative efforts and assets that make it distinctive. Whether it is your brand, product, services, designs, technology or business processes, Ariadni can help design IP legal solutions which let you make the most of what you give to your business.

———————————

Ariadni Athanassiadis

Kyma Professional Corporation

T: 613-327-7245

E: ariadni@kymalaw.com

W: www.kymalaw.com

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Written by Dwania Peele · Categorized: Ariadni Athanassiadis · Tagged: Ariadni Athanassiadis, brand, business, Intellectual Property, IP, Kyma Professional Corporation, legal, legal services, legal stuff, marketplace, product, Shakespeare, small business owner

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