ARTICLE
19 December 2024

Protecting IP In A Cyber-Threatened World: Insights From Zifino And Foley & Lardner

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Foley & Lardner

Contributor

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
As companies embrace digital transformation, they increasingly depend on proprietary technologies and data that requires robust cybersecurity measures to safeguard intellectual property (IP).
United States Technology

As companies embrace digital transformation, they increasingly depend on proprietary technologies and data that requires robust cybersecurity measures to safeguard intellectual property (IP). Zifino and Foley & Lardner LLP collaborate here to share insights on the intersection of IP and cybersecurity, exploring strategies to protect valuable assets from cyber threats while fostering innovation. Executing a cohesive strategy that combines IP and cybersecurity perspectives provides multi-tiered operational and legal protection.

The Convergence of IP and Cybersecurity

IP is a core asset for many companies to protect their competitive differentiators. A comprehensive IP strategy often involves leveraging several different forms of IP tools, including but not limited to trade secrets and patents, to protect proprietary assets such as AI models and internal strategy information.

However, as these assets are digitized and implemented across varied architectures, they become prime targets for cyberattacks. A comprehensive cybersecurity strategy is essential to protect IP, ensuring that sensitive data and proprietary innovations are shielded from unauthorized access, theft, or misuse.

Key Risks to IP in the Digital Age

  • Cyber Espionage: Competitors and threat actors may seek access to proprietary information, particularly around R&D, AI algorithms, and confidential client data.
  • Insider Threats: Employees and third-party partners with access to sensitive information pose potential risks to IP security if appropriate controls are not in place.
  • Supply Chain Vulnerabilities: IP protection is only as strong as the weakest link in a company's supply chain. Vendors and partners must adhere to stringent cybersecurity standards.

Proactive IP and Cybersecurity Measures

  1. Secure Digital Infrastructure

Zifino's Approach: Leveraging advanced threat detection, Zifino's tools monitor for anomalies and provide actionable threat intelligence, helping to secure valuable IP against evolving cyber threats. By integrating AI-driven defenses, companies can preemptively address risks to IP.

  1. Legal Protections and Compliance

Foley & Lardner's Insight: IP protections are only as strong as the legal frameworks supporting them, and those legal frameworks must be use case-specific, accounting for exactly who owns or has obligations to protect each IP asset. By aligning cybersecurity practices with the realities of their use case and corresponding IP considerations, companies can reinforce their protection strategies. Any given use case can require a unique mapping of IP tools, such as confidentiality obligations, licensing terms, and indemnities, to how data and IP is managed throughout a technology's platform. Precise use of such IP tools, as well as clear cybersecurity standards in contracts, add an essential legal layer to IP security.

  1. Access Control and Insider Awareness

Joint Strategy: Companies should implement stringent access controls to ensure only authorized personnel can access sensitive IP. Combined with regular training on IP and cybersecurity policies, this can reduce insider threats and accidental data breaches.

The Future of IP and Cybersecurity

As technology advances, companies will need to adapt their IP and cybersecurity strategies to address new and emerging threats. Together, Zifino and Foley & Lardner encourage organizations to approach IP protection as a comprehensive strategy that combines legal safeguards with state-of-the-art cybersecurity.

Conclusion

IP and cybersecurity are two sides of the same coin in the digital era. By combining advanced cybersecurity tools with strong legal protections, companies can safeguard their most valuable assets. With the right approach, organizations can protect their innovations, foster secure partnerships, and drive sustainable growth.

About Zifino

Zifino is an AI-driven cybersecurity solution designed from the ground up, incorporating human-in-the-loop penetration testing for comprehensive results. Requiring no customer logins, credentials, or downloads, Zifino provides super-fast reconnaissance and deep penetration testing to identify and mitigate an organization's cybersecurity risks. Discover more at www.zifino.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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