Taking someone else's property is a crime. When we mention theft, the image that often comes to mind might be a thief stealing into a house to steal jewelry.
Theft can also refer to stealing someone's intellectual property (IP), such as creating a product based on a company's patent without the owner's permission. The rise of the Internet and social media has increased IP theft but also made the process more complex.
For those accused of IP theft, changes in technology can mean individuals are unfairly charged with IP theft crimes. Laws usually lag behind technology, and judges are often not sufficiently trained on technological issues. Someone accused of IP theft may be in front of a judge who lacks the necessary education or training on current technology.
IP theft issues can be complex. A conviction at either the federal or state level can have serious, long-term consequences for you. It risks damaging your reputation and career in addition to any penalties.
The Lento Law Firm Criminal Defense Team works with anyone who is facing criminal charges related to IP theft in New Jersey or by the federal government. We stay current on emerging technology and legal issues to make sure our clients receive up-to-date information and guidance. Contact us using this form or by calling us at 888-535-3686.
Criminal Theft versus Civil Infringement
Intellectual property refers to non-tangible assets, usually creations involving human intellect and ingenuity. Intellectual property protection ranges from protecting cartoon characters to scientific innovation. The one thing that cannot be protected is an idea.
One of the challenges with intellectual property issues is that they often involve both criminal and civil issues. Intellectual property can be both stolen and infringed upon. IP theft refers to the unauthorized taking or using of someone else's IP and is a crime. It generally involves depriving the rightful owner of the benefits or other advantages of their IP.
Infringement is generally a civil issue. It refers to the authorized use of a work.
What can be complicated about the theft versus infringement divide is that criminal complaints will sometimes refer to intellectual property theft as infringement. In April 2025, for example, a former employee of the rapper Eminem was charged with federal criminal copyright infringement. The charges relate to stealing unreleased songs by the rapper and also include interstate transportation of stolen goods.
Theft and infringement have slight differences, but both refer to the unauthorized use or taking of someone else's intellectual property. While infringement generally refers to civil law, it can be used in criminal cases as a synonym for intellectual property theft.
Types of Intellectual Property
Protecting intellectual property isn't as easy as protecting tangible property. The United States federal government has mechanisms in place to help IP owners protect their intellectual assets.
To help victims of IP, the U.S. Department of Justice has a guide on Reporting Intellectual Property Crime. It includes information on how to report suspected IP and how to build a case. While intended for victims, this guide can be equally useful for defendants to learn how to build their defense case.
- Copyright generally involves creative work such as books or music. The work's creator has the exclusive use of the work.
- Patents refer to inventions and can cover the design, process, improvement, and actual invention.
- Trademark protects a company's logo or slogan. Nike's swoosh symbol and ‘just do it' slogan are both trademarked, with the company having exclusive use of both.
- Trade secrets refer to processes or practices that aren't publicly shared. It generally refers to something that provides an economic benefit to a company or individual. Companies often require employees to sign non-disclosure agreements (NDA) or non-compete agreements to protect their trade secrets.
Even if someone's IP isn't protected, there may still be grounds for theft charges. An unpublished manuscript, for example, is rarely copyrighted, but stealing it and publishing it under your name may result in criminal charges.
In 2023, for example, an Italian man pled guilty to stealing hundreds of unpublished manuscripts. This case also highlights that IP theft may result in charges beyond IP theft. In this case, the man pled guilty to wire fraud, paid a $88,000 fine, and was deported.
Federal Laws about IP Theft
The federal government has several laws related to criminal intellectual property theft. IP crimes can be complex. The United States Attorney's guide for prosecuting these crimes clocks in at over 500 pages.
Common types of federal IP charges:
- Criminal copyright infringement
- Trafficking in counterfeit trademarks
- Trade secret theft
- Counterfeit labels and documents
- Patent letter forgery
IP theft may also involve the Digital Millennium Copyright Act. Among other things, the DMCA criminalizes IP theft on the Internet.
If convicted, sentencing depends on the crime committed and several other factors. These factors include information such as the nature of the offense and the defendant's history.
Related Crimes and Charges
Beyond specific IP theft laws, the Department of Justice often uses the following for IP theft crimes:
- Computer fraud involves a variety of offenses that involve the use of a computer to commit or attempt to commit a crime.
- Mail fraud refers to activities that involve using the U.S. Postal Service or another carrier, such as UPS or FedEx, to commit an interstate or international crime.
- Wire fraud is similar to mail fraud but uses radio, television, or other electronic communication to commit a crime.
- Economic espionage targets the U.S. government or U.S. companies to unlawfully gain or influence proprietary information.
Individuals may be charged with these laws instead or in addition to other IP theft offenses. The Lento Law Firm Criminal Defense Team can assist individuals with a range of white-collar charges.
New Jersey IP Theft Laws
The majority of IP theft cases are federal charges. Federal law governs issues such as copyrights, trademarks, and patents, which means the federal government handles prosecution.
In comparison to the federal government's numerous IP laws, New Jersey's law is narrower. New Jersey's law focuses specifically on false government documents.
To be found guilty under this law, someone must knowingly:
- Either:
- Sell, offer for sale, or otherwise transfer
- Possesses with the intent to sell, offer for sale, or otherwise transfer:
- Any document that's a fraudulent version of any government document that verifies a person's identity, age, or other information, such as a driver's license or birth certificate.
Anyone found guilty will be guilty of a second-degree felony, officially known as a “crime of the second degree” in New Jersey.
Individuals can also be found guilty of making or having the materials to make false documents. They are also guilty of a crime of the second degree.
Anyone who knowingly uses a false driver's license or other document may be found guilty of a crime of the third degree, which is a felony. Knowingly possessing a false document is a crime of the fourth degree, also a felony.
Both using and possessing a fake ID have an exception. If someone uses a fake ID solely to purchase alcohol, tobacco, and marijuana, including purchasing for someone underage, it's a disorderly person offense.
Changing Laws
One of the challenges with intellectual property laws is that technology is constantly evolving. The law, in comparison, moves slowly, meaning technology often outpaces laws.
AI is a recent example of evolving technology. AI and intellectual property aren't easy bedfellows. There are open questions about whether AI can be copyrighted. On the civil law side, lawyers and legislators are grappling with AI's use of copyrighted material and who might be liable.
As of 2023, for example, the United States does not allow AI content to be copyrighted. This ruling might change as AI evolves, meaning misuse of AI may eventually open individuals up to criminal charges or civil liability.
One of the bigger challenges is AI's ability to create fake images of people, known as deepfakes, including pornographic images, without someone's consent. In the Spring of 2025, New Jersey passed a law that established both civil and criminal penalties for deepfakes. This includes the creation of any audio or visual images intended to further additional criminal activity.
The 2025 law highlights the importance of staying up-to-date on both technology and the law for intellectual property issues. The Lento Law Firm Criminal Defense Team keeps current on both subjects to better serve our clients.
Protect Your Reputation
Allegations of intellectual property theft carry the possibility of stiff criminal penalties if you're convicted or plead guilty. IP theft accusations can damage your reputation.
Each IP theft case is different, and you need a defense tailored to your specific situation. IP theft cases can be complicated and depend heavily on evidence. The Lento Law Firm Criminal Defense Team assists our clients with building a case that reflects their situation.
Our team gives our clients the resources to understand the charges against them and the criminal process. We empower our clients to make informed decisions about their case.
Intellectual property is an area of the law that is constantly evolving, partially due to technology. The Lento Law Firm Criminal Defense Team keeps current on these changes to better assist our clients and make sure their rights are protected throughout the process. Contact us using this form or by calling us at 888-535-3686.
