J.S. Held is a global consulting firm that combines technical, scientific, financial, and strategic expertise to advise clients seeking to realize value and mitigate risk. Our professionals serve as trusted advisors to organizations facing high stakes matters demanding urgent attention, staunch integrity, proven experience, clear-cut analysis, and an understanding of both tangible and intangible assets. The firm provides a comprehensive suite of services, products, and data that enable clients to navigate complex, contentious, and often catastrophic situations.


More than 1,500 professionals serve organizations across six continents, including, 81% of the Global 200 Law Firms, 70% of the Forbes Top 20 Insurance Companies (85% of the NAIC top 50 Property & Casualty Insurers), and 65% of the Fortune 100 Companies.


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2025
The Licensing Executives Society International (LES)

The LES Gold Medal

IP Hall of Fame Q. Todd Dickinson Award

IP Hall of Fame Inductee, 87th member

IAM Patent 1000: The World’s Leading Patent Professionals

2019 and 2020
EY Entrepreneur Of The Year®

Regional Semifinalist

IAM Global Leaders

50 Intellectual Property Trailblazers & Pioneers

2013
The Institute for Entrepreneurial Studies at the University of Illinois at Chicago College of Business Administration

Chicago Area Entrepreneurship Hall of Fame Inductee

With majors in Accountancy and Philosophy. Graduated Summa Cum Laude.

United States Intellectual Property Alliance - USIPA : Founding Board Member and Member of the Executive Committee

The World Economic Forum: 2011 Network of Global Agenda Councils 

University of Notre Dame – Venture Builders Community : Judge

Young President’s Organization : Member YPO Gold Miami

Private Directors Association : Member

Licensing Executives Society International, Inc. : Past President

National Inventors Hall of Fame : Past Director

The Growing Importance of the Chief Intellectual Property Officer: A Strategic Imperative for the Knowledge Economy

Evolving Landscape of Technology Rights Enforcement

Peeling Back the Value: Why Art Is Worth More Than Meets the Eye

Emerging IP monetisation solutions: The institutionalisation of an IP exchange

What Is Patent Quality? A Merchant Banc’s Perspective

Registered Certified Public Accountant

Certified in Financial Forensics, CFF™

Accredited in Business Valuation, ABV™

Accredited in Blockchain Fundamentals for Accounting and Finance Professionals

James E. Malackowski is a top IP expert with substantial experience as a Board Director for leading technology corporations, research organizations, and companies with brand management issues.

Mr. Malackowski has served as an expert in U.S. Federal Court, U.S. Bankruptcy Court, State Court, Court of Chancery, the Ontario Superior Court of Justice, the Federal Court of Australia, the U.S. Patent and Trademark Office Patent Trial and Appeal Board, and global arbitrations on questions relating to intellectual property economics including the subject of valuation, reasonable royalty, lost profits, price erosion, commercial success, corrective advertising, creditor allocations, Hatch Waxman Act market exclusivity, business significance of licensing terms including RAND obligations and exhaustion, venture financing including expected risk / return, the existence of markets or potential markets to assess copyright fair use, and equities of a potential injunction.  

Mr. Malackowski’s experience extends to matters of general business valuation and commercial disputes, both domestic and foreign.  Mr. Malackowski has publicly addressed policy issues affecting international trade and has provided expert opinions concerning antidumping and countervailing duties imposed by the U.S. Department of Commerce as well as testimony on domestic industry, bond, and remedies before the International Trade Commission. 

Mr. Malackowski is a frequent speaker on emerging technology markets and related financial measures.  He has addressed mass media audiences including Bloomberg Morning Call, Bloomberg Evening Market Pulse, Bloomberg Final Word, CNBC Closing Bell, CNBC On the Money, CNBC Street Signs, CNBC Worldwide Exchange, CBS News Radio and Fox Business National Television as well as other recognized news-based internet video channels. Mr. Malackowski is a current or past judge for numerous new venture competitions awarding financial grants recognizing intellectual property protected products and services developed by students, university faculty, and professional entrepreneurs. 

Mr. Malackowski has more than twenty issued U.S. patents. He is a frequent instructor for graduate studies on IP management and markets. Recently, Mr. Malackowski has lectured on application of intangible asset valuation models to corporate Environmental, Social, and Governance (ESG) standards, including applicability of United Nations Sustainable Development Goals (SDGs) to investment decisions.

Regulatory and Reporting Obligations

Corporate Accounting Investigations

Advisory Services

Management Consulting

Business Strategy

Financial Services

Intellectual Property

Intangible Assets

English

Ocean Tomo Profile

Google Scholar Citations

ResearchGate Citations

Justia Patents

Interview with James E. Malackowski, the Founder of Ocean Tomo – Patent Auctions, Managing Patent Portfolios, Blockchain in the Field of IP, the Market For Data Rights

Multinationals in Australia will feel Pepsi tax defeat for years

Strategy 300 Global Leaders 2024  -  James E Malackowski

Here’s who Apple and Epic are calling to testify in next week’s trial

The big battle over intellectual property

The Intangible Corporation

Valuing intangible assets

IP CONTENT DISCOVERY PLATFORM

Eyewear with exchangeable temples housing a radio frequency transceiver

EYEWEAR WITH EXCHANGEABLE TEMPLES HOUSING A RADIO FREQUENCY TRANSCEIVER

Marketplace for trading intangible asset derivatives and a method for trading intangible asset derivatives

SYSTEM AND METHODS FOR VALUING AND TRADING INTANGIBLE PROPERTIES AND INSTRUMENTS

FINANCIAL INSTRUMENT BASED ON CONTENT AND METHODS FOR VALUATION

System of providing information to a telephony subscriber

METHODS AND SYSTEMS FOR UTILIZING INTELLECTUAL PROPERTY ASSETS AND RIGHTS

Financial instrument based on content and methods for valuation

ai-as-ip-a-framework-for-boards-executives-and-investors

This article provides conceptual frameworks for valuing and accounting for Artificial Intelligence (AI) as a company's productive capital.

Chief Intellectual Property Officer, J.S. Held

 Under current corporate accounting practices, artificial intelligence (AI) companies’ most valuable resources – large language models, training datasets, and algorithms – remain “off the books” or uncapitalized. As the importance of AI continues to grow in the global knowledge-based economy, financial statements are becoming less representative of a company’s true worth, creating a recognition gap. 

In this article, James E. Malackowski, Eric Carnick, and David Ngo present several conceptual frameworks to bridge this gap. They explain how the triangulation of three valuation approaches can reveal both the tangible investment base and the intangible, strategic upside of AI assets. In turn, these approaches provide board-level visibility into where AI capital resides and how it contributes to enterprise value.

 James E. Malackowski is the Chief Intellectual Property Officer (CIPO) of J.S. Held and Co-founder of Ocean Tomo, a part of J.S. Held. Mr. Malackowski has served as an expert on over one hundred occasions on intellectual property economics, including valuation, royalty, lost profits, price erosion, licensing terms, venture financing, copyright fair use, and injunction equities. He has substantial experience as a Board Director for leading technology corporations, research organizations, and companies with critical brand management issues.  This article is the second installment in our three-part series, Artificial Intelligence as Intellectual Property or “AI as IP™”, which explores how artificial intelligence assets should be treated as a form of intellectual property and enterprise capital. The first article, “A Strategic Framework for the Legal Profession”, explored the legal foundations for recognizing and protecting AI assets. The upcoming third article, “Guide for SMEs to Classify, Protect, and Monetize AI Assets”, will provide practical steps for small and mid-sized enterprises to turn AI into measurable economic value.

 To explore the topic further, simply connect with James through his icon below.


AI as IP™: A Framework for Boards, Executives, and Investors

the-growing-importance-of-the-chief-intellectual-property-officer-a-strategic-imperative-for-the-knowledge-economy

Featuring: James E. Malackowski, CPA, CLP, and David Ngo, J.S. Held

 Intangible assets now make up more than 90% of S&P 500 market value — yet many organizations still lack a dedicated executive role to manage them strategically. This is where the Chief Intellectual Property Officer (CIPO) comes in.

In this expert-backed piece, J.S. Held's Chief Intellectual Property Officer James E. Malackowski, CPA, CLP, and his colleague David Ngo unpack the economic forces shaping this role, the skills CIPOs bring to the table, and why forward-thinking companies are making IP leadership a boardroom priority.

 What you’ll learn: •	The economic forces driving the rise of CIPO leadership
	•	How CIPOs bridge legal, technical, and commercial priorities to unlock value
	•	The growing relevance of CIPOs in consulting, insurance, and AI-driven industries
	•	Practical strategies for integrating IP leadership into portfolio and risk management
	•	Why the next decade will define the CIPO’s role in corporate success

With deep expertise in IP strategy, valuation, and litigation, Malackowski and Ngo offer a clear, compelling case for elevating IP leadership to the C-suite.

Looking to connect with the experts? Click on their profiles to arrange an interview or gain deeper insights into intellectual property strategy, risk, and valuation.

 James E. Malackowski, CPA, CLP  Chief Intellectual Property Officer, J.S. Held | Co-founder and Senior Managing Director, Ocean Tomo

Global leader in intellectual property valuation, strategic advisory, and expert testimony. Recognized among IAM’s “World’s Leading IP Strategists” and a pioneer in IP exchange models.


 David Ngo  Senior Analyst, Intellectual Property Disputes Financial Expert Testimony, Ocean Tomo, a part of J.S. Held

Specialist in quantifying economic damages in IP disputes and valuing intangible assets, with expertise in applying economic and financial analysis to complex litigation.



For any other media inquiries, contact : Kristi L. Stathis, J.S. Held +1 786 833 4864 Kristi.Stathis@JSHeld.com. 

the-impact-of-counterfeit-goods-in-global-commerce

By David Fraser, Matthew Brown and James E. Malackowski

  Introduction Counterfeiting has been described as “the world’s second oldest profession.” In 2018, worldwide counterfeiting was estimated to cost the global economy between USD 1.7 trillion and USD 4.5 trillion annually, as well as resulting in more than 70 deaths and 350,000 serious injuries annually. It is estimated that more than a quarter of US consumers have purchased a counterfeit product.

The counterfeiting problem is expected to be exacerbated by the unprecedented shift in tariff policy. Tariffs, designed as an import tax or duty on an imported product, are often a percentage of the price and can have different values for different products. Tariffs drive up the cost of imported brand name products but may not, or only to a lesser extent, impact the cost of counterfeit goods.

In this article, we examine the extent of the global counterfeit dilemma, the role experts play in tracking and mitigating the problem, the use of anti-counterfeiting measures, and the potential impact that tariffs may have on the flow of counterfeit goods.

Brand goods have always been a target of counterfeits due to their high price and associated prestige. These are often luxury goods and clothing, but can also be pharmaceuticals, cosmetics, and electronics. The brand name is an indication of quality materials, workmanship, and technology. People will pay more for the “real thing,” or decide to buy something cheaper that looks “just as good.” In many cases, “just as good” is a counterfeit of the brand name product.

A tariff is an import tax or duty that is typically paid by the importer and can drive up the cost of imported brand name products. For example, a Yale study has shown that shoe prices may increase by 87% and apparel prices by 65%, due to tariffs. On the other hand, counterfeit products don’t play by the rules and can often avoid paying tariffs, such as the case of many smaller, online transactions, shipped individually.

Therefore, we expect to see an increase in counterfeit products as well as a need to increase efforts to reduce the economic losses of counterfeiting.

The Scale of the Counterfeit Problem In their 2025 report, the Organisation for Economic Co-operation and Development (OECD) and the European Union Intellectual Property Office (EUIPO), estimated that in 2021, “global trade in counterfeit goods was valued at approximately USD 467 billion, or 2.3% of total global imports. This absolute value represents an increase from 2019, when counterfeit trade was estimated at USD 464 billion, although its relative share decreased compared to 2019 when it accounted for 2.5% of world trade. For imports into the European Union, the value of counterfeit goods was estimated at USD 117 billion, or 4.7% of total EU imports.”

In a 2020 report, the US Patent and Trademark Office (USPTO) estimated the size of the international counterfeit market as having a “range from a low of USD 200 billion in 2008 to a high of USD 509 billion in 2019.”

According to the OEDC / EUIPO General Trade-Related Index of Counterfeiting for economies (GTRIC-e), China continues to be the primary source of counterfeit goods, as well as Bangladesh, Lebanon, Syrian Arab Republic, and Türkiye.

 Based on customs seizures in 2020-21, the most common items are clothing (21.6%), footwear (21.4%), and handbags, followed by electronics and watches. Based on the value of goods seized, watches (23%) and footwear (15%) had the highest value. However, it should be noted that items that are easier to detect and seize are likely to be overrepresented in the data.

 Although  the share of watches declined, and electronics, toys, and games increased, it remains unclear whether this represents a long term trend or just a short term fluctuation. In general, high value products in high demand continue to be counterfeited.

Data from the US Library of Congress indicates that 60% – 80% of counterfeit products are purchased by Americans. The US accounts for approximately 5% of the world’s consumers; however, it represents greater than 20% of the world’s purchasing power.

Though it is still possible to find counterfeit products at local markets, a large number of counterfeit goods are obtained through online retailers and shipped directly to consumers as small parcels classified as de minimis trade. This allows for the duty-free import of products up to USD 800 in value. Counterfeit items may be knowingly or unknowingly purchased from online retailers and shipped directly to consumers, duty-free. Purchased products can be shipped via postal services, classified as de minimis trade.  Approximately 79% of packages seized contained less than 10 items. Given the size and volume of the packages arriving daily, many or most will evade scrutiny by customs officials. This means of import is increasing over time. In 2017-19 it was 61% of seizures.  By 2020-21, it was 79%.

 
Economic Impact of Counterfeiting The scale of the counterfeiting problem has significant impacts on the US economy, US business interests, and US innovations in lost sales and lost jobs. Moreover, counterfeit  products are often made quickly and cheaply, using materials that may be toxic. The companies producing these goods may not dispose of waste properly and may dump it into waterways, causing significant environmental consequences.

Counterfeit products from electrical equipment and life jackets to batteries and smoke alarms may be made without adhering to safety standards or be properly tested. These products may fail to function when you need it and may lead to fire, electric shock, poisoning, and other accidents that can seriously injure and even kill consumers.

Counterfeit cosmetics and pharmaceuticals can also lead to injuries by either including unsafe ingredients or by failing to provide the benefits of the real product.

 
The Tariff Counterfeit Connection Tariffs may be seen as a tax on consumers and raise the price of imported products that are already the target of counterfeiters such as luxury leather products and apparel. It’s commonly understood that raising prices on genuine products can only drive up the demand for counterfeit goods. In general, consumers will have less disposable income and the brand goods they desire will cost more which is bound to increase the demand for counterfeit goods.

Although recent changes removing the USD 800 tax exemption on de minimis shipments from China and Hong Kong will make it more expensive for counterfeiters to ship their goods internationally, tariffs are typically applied as a percentage of the cost of an object. This will cause the price of more expensive legitimate goods to increase even more than the cheaper counterfeit goods and likely make the counterfeit products even more attractive economically.

Therefore, we expect to see an increase in counterfeit products as well as an increase in efforts to reduce the economic losses of counterfeiting.

 
The Role of Technical Experts in Counterfeit Detection Technical experts play an important role in both the prevention and detection of counterfeits and helping to identify counterfeiting entities.

Whether counterfeit money, clothing, shoes, electronics, cosmetics or pharmaceuticals, the first step in fighting counterfeits is detecting them. In some cases, the counterfeit product is obvious. A leather product may not be leather, a logo may be wrong, packaging may have a spelling mistake, or a holographic label may be missing. These products may be seized by customs. However, some counterfeit products are very difficult to detect. In the case of a counterfeit memory card with less than the stated capacity or a pharmaceutical that contains the wrong active ingredient, technical analysis may be needed to identify the parts. Technical analysis may also be used to try and identify the source of the counterfeit goods.

For prevention measures, manufacturers may use radio frequency identification (RFID) or Near Field Communication (NFC) tags within their products. RFID tags are microscopic semiconductor chips attached to a metallic printed antenna. The tag itself may be flexible and easy to incorporate into packaging or into the product itself. A passive RFID requires no power and has sufficient storage to store information such as product name, stock keeping unit (SKU), place of manufacture, date of manufacture, as well as some sort of cryptographic information to attest to the authenticity of the tag. A simple scanner powers the tag using an electromagnetic field and reads the tag. If manufacturers include RFID tags in products, an X-ray to identify a product in a de minimis shipment (perhaps using artificial intelligence technology) and an RFID scanner to verify the authenticity of the product can be used to efficiently screen a large number of packages.

Many products also may be marked with photo-luminescent dyes with unique properties that may be read by special scanners and allow authorities to detect legitimate products. Similarly, doped hybrid oxide particles with distinctive photo-responsive features may be printed on products. These particles, when exposed to laser light, experience a fast increase in temperature which may be quickly detected.

For either of these examples, the ability to identify legitimate products, or – due to the absence of marking – track counterfeit products, allows authorities to map the flow of the counterfeit goods through the supply chain as they are manufactured, shipped, and are exported and imported to countries.

For many years, electronic memory cards such as SD cards and USB sticks have been counterfeited. In many cases, the fake card will have a capacity much smaller than listed.  For example, a 32GB memory card for a camera may only hold 1GB. Sometimes, these products may be identified by analyzing the packaging for discrepancies from the brand name products. In other cases, software must be used to verify the capacity and performance of each one, which is time-consuming when analyzing a large number of products.

Forensic investigators, comprised of forensic accountants and forensic technologists, are heavily involved in efforts to combat this illicit trade. By analyzing financial records, supply-chain data, and transaction histories, they trace the origins and pathways of counterfeit products. Their work often involves identifying suspicious procurement patterns, shell companies, and irregular inventory flows that signal counterfeit activity.

Forensic investigators often begin by mapping the counterfeit supply chain, an intricate web that often spans continents. Using data analytics, transaction tracing, and inventory audits, they identify anomalies in procurement, distribution, and sales records. These methodologies help pinpoint the origin of counterfeit goods, the intermediaries involved, and the final points of sale. By reconstructing the flow of goods and money, forensic investigators can begin to unmask activities.

Cross-border partnerships are essential for tracking assets, sharing insights, and coordinating with financial regulators. Public-private partnerships further enhance the effectiveness of anti-counterfeiting efforts. Forensic investigators often serve as bridges between government agencies, brand owners, and financial institutions, facilitating the exchange of key information. These partnerships increase information-sharing, streamline investigations, and amplify the impact of enforcement actions. A promising development in this space is the World Customs Organization’s Smart Customs Project, which integrates artificial intelligence to detect and intercept counterfeit goods. Forensic investigators can leverage this initiative by analyzing AI-generated alerts and incorporating them into broader financial investigations, which allows for faster and more accurate identification of illicit networks.

Jurisdictional complexity is a major hurdle in anti-counterfeiting efforts. Forensic investigators work closely with legal teams to navigate these challenges to ensure that investigations comply with local laws, and evidence is admissible and can withstand scrutiny in court, especially when dealing with offshore accounts and international money laundering schemes.

Forensic investigators follow the money, tracing illicit profits through bank accounts, shell companies, and cryptocurrency transactions. Their findings not only help recover stolen assets but also support disputes by providing expert testimony that quantifies financial losses and identifies the bad actors.

 
Conclusion Imitations of brand name products have become more convincing, harder to detect, and the sources of the counterfeit goods more difficult to identify. While counterfeiting clearly has evolved because of technological advancements, e-commerce, and the growing sophistication of bad actors, the process has now been complicated even further by the unpredictable tariff and trade policies that are affecting businesses worldwide.

Consequently, companies need to take a multi-faceted approach to these new challenges introduced into the counterfeiting of products by tariffs. By engaging high-tech product authentication measures, utilizing technology-based alerts about counterfeits, and retaining the specialized skills of forensic investigators and other experts, companies will be able to navigate the risks posed by the complex and changing relationship between tariffs and counterfeit goods.

 To learn more about this topic and how it can impact your business or connect with James E. Malackowski simply click on his icon now to arrange an interview today.

To connect with David Fraser or Matthew Brown - contact :

Kristi L. Stathis, J.S. Held
+1 786 833 4864
Kristi.Stathis@JSHeld.com 

The Impact of Counterfeit Goods in Global Commerce

Jim Malackowski on Illinois Business this Week

Building upon my 2009 paper, A National Economic Framework for Intellectual Property-Based Commerce, published by the Center for Advanced Technologies (ISBN-10: 0980019915), over the next six months, Ocean Tomo Chief Executive Jim Malackowski will explore growing techno-nationalism and present the need for a global Intellectual Property (IP) market to reward innovation, optimize technology transfer, and act as a force tilting towards techno-globalism. This is my story based on personal experience starting as a young patent valuation analyst and extending through early efforts to create IP based structured investment products, public patent auctions, equity indexes and now a modern IP marketplace.  In the book I will share insights from both success and failure. I will include a discussion of improvements to prior market models, including the Intellectual Property Exchange International, Inc., incubated by Ocean Tomo more than a decade ago.  I welcome the opportunity to discuss this work-in-progress with all market participants.  If you are interested in collaboration, please contact me at jamesmalackowski@OceanTomo.com.  - James E. Malackowski

Economic Inversion:  The Case for Intellectual Property Markets and Techno-Globalism

Jim Malackowski

In honor of World IP Day on April 26th, The Michelson Institute for Intellectual Property (michelsonip.com) and inventRight (inventright.com), will co-host a virtual Ask Me Anything (AMA) event on YouTube Live. Ocean Tomo chief executive, James E. Malackowski has been invited to join inventRight's co-founder Andrew Krauss to address attendees' questions around topics related to Intellectual Property (IP) and IP licensing. 

Learn how to take advantage of intellectual property to protect your creative efforts in "The Intangible Advantage": https://michelsonip.com/intangible-advantage/#section-download

Develop a working knowledge of the basics of patents, copyrights, trademarks, and trade secrets in their free course on Udemy, "Intellectual Property: Inventors, Entrepreneurs, Creators": https://michelsonip.com/free-course/ 

How do you license an idea? How do you patent an invention? Learn how to become a profitable inventor and earn passive income from your creativity following the advice of inventors Stephen Key and Andrew Krauss. They are world's leading experts on how to license a product idea. If you have an invention idea, this is the show to watch. 

Stephen Key and Andrew Krauss are the cofounders of inventRight, a coaching program that has helped people from more than 65 countries license their ideas for new products.

http://www.inventright.com 

If you have questions about how to invent, how to be creative, design, how to do market research, prototyping, manufacturing, negotiating, pitching, how to sell, how to cold call, how to reach out to open innovation companies, licensing agreements, non-disclosure agreements, patents, copyright, trademarks, and intellectual property in general — subscribe to inventRightTV! New videos every week, including tons of entrepreneur success stories. 

Inventing can be lonely, but you don't have to go it alone! Join the inventRight community for priceless inventor education, mentorship, support, accountability, hand-holding, honesty about the invention industry, and so much more. 

Contact us at #1-800-701-7993 or https://www.inventright.com/contact. 

This is the book you need to license your product idea: “One Simple Idea: Turn Your Dreams Into a Licensing Goldmine While Letting Others Do the Work.” Find it here: http://amzn.to/1LGotjB. 

This is the book you need to file a well-written provisional patent application: “Sell Your Ideas With or Without a Patent.” Find it here: http://amzn.to/1T1dOU2.

Determined to become a professional inventor? Read Stephen's new book "Become a Professional Inventor: The Insider's Guide to Companies Looking For Ideas": https://www.amazon.com/gp/product/1653786256/

inventRight, LLC. is not a law firm and does not provide legal, patent, trademark, or copyright advice. Please exercise caution when evaluating any information, including but not limited to business opportunities; links to news stories; links to services, products, or other websites. No endorsements are issued by inventRight, LLC., expressed or implied. Depiction of any trademarks/logos does not represent endorsement of inventRight, LLC, its services, or products by the trademark owner. All trademarks are registered trademarks of their respective companies.

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Full Hour of Q&amp;A w/ Andrew Krauss — World IP Day Special Edition!

The next five years will be crucial in the development of Asia's intellectual property trade, according to the CEO of IP merchant bank Ocean Tomo James Malackowski. He explains why the opportunity to be Asia's IP central market is Hong Kong's to capture.
Related Links: 
Hong Kong Trader - http://shar.es/ovGOT 
BIP Asia Forum： http://bipasiaforum.com/
HKTDC Inno Design Tech Expo: http://www.hktdc.com/fair/innodesigntechexpo-en/
World SME Expo: http://www.hktdc.com/fair/worldsmeexpo-en/

Asia's IP First Mover

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