Title: Intellectual capital, competitive intelligence and the Economic Espionage Act

Authors: Chris Carr, G. Scott Erickson, Helen N. Rothberg

Addresses: Orfalea College of Business, California Polytechnic State University – San Luis Obispo, San Luis Obispo, CA 93407, USA. ' School of Business, Smiddy Hall, Ithaca College, Ithaca, NY 14850, USA. ' School of Management, Marist College Poughkeepsie, NY 12601, USA

Abstract: This article analyses the growth and practice of intellectual capital and competitive intelligence, two industry practices that have received increasing attention over the last decade. Related in their conceptual structure, the two fields also interact in terms of the benefits and costs of leveraging organisational knowledge in the face of competitive intelligence efforts. This interaction poses the key question of how widely intellectual capital should be dispersed. In the USA, at least, the Economic Espionage Act provides some guidance. After a discussion of the key provisions of the Act, the paper passes to practical suggestions for using intellectual capital resources as widely as possible while still protecting the firm from competitive intelligence threats. Compliance standards, risk assessment and management, collaborator certification and signalling are all considered in turn.

Keywords: intellectual capital; human capital; knowledge management; competitive intelligence; e-business; networks; compliance standards; risk assessment; risk management; collaborator certification; intellectual property; signalling; organisational knowledge; Economic Espionage Act; electronic business.

DOI: 10.1504/IJLIC.2004.005995

International Journal of Learning and Intellectual Capital, 2004 Vol.1 No.4, pp.460 - 482

Published online: 17 Jan 2005 *

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