An actionable wrong committed against some form of intellectual property. Copyright, trade marks, patents, the various design rights and a range of lesser sui generis rights are infringed if another carries out one of the acts reserved to the owner without permission, provided whatever conditions the relevant legislation imposes are met. One must not talk of breaching these rights (per the IPKat , 19 March 2006). One must be careful about talking of infringing an unregistered trade mark, too, as there is no action for infringement of such a right in the UK
1. Patent: an infringing article or process that contains every integer of a claim. 2. Copyright: an infringing copy that reproduces the earlier work, or a substantial part of it, in all respects. A copyright law that gave protection against only literal infringements would be almost completely ineffective as the slightest alteration would avoid infringement. See non-literal infringement .
An infringement committed not directly but by a party doing something that leads to an infringement, for example supplying something that is not itself an infringement but the only use for which is an infringing one; or by supplying it with instructions on how to use it in manner that will infringe. For patents, see 35 U.S.C. S271(c) for the US law on this matter and Section 60(2) of the Patents Act 1977 for the UK law. Also applicable in other areas of IP law. See also secondary infringement .
Dealings with infringing articles – those to make which it would be an infringement of someone’s copyright – are actionable in many copyright laws, including the UK’s, although they do not constitute primary infringements. These activities include a number of types of commercial dealing, including importing infringing articles and offering or exposing them for sale. The concept also extends to providing facilities for infringing performances and the like. The defendant must know or have reason to believe that a secondary infringement is being committed: if they
An infringement committed by someone who did not know, and had no reason to believe, that there were any intellectual property rights to worry about. Generally, an innocent infringer will escape a claim for damages but not an injunction. Easily prevented from arising at all, by judicious marking of the relevant articles.
1 INTRODUCTION Indirect infringement is a highly controversial topic in the field of intellectual property (‘IP’). The various international agreements on intellectual property rights (‘IPRs’) currently do not address indirect infringement liability, and even those countries with highly developed IP regimes vary in their treatment of the topic. 1 In the United States, for example, different IP laws have different indirect infringement standards. 2 The US Supreme Court has clearly stated that the contributory infringement standard in trademark law is narrower
INTRODUCTION Since its accession to the World Trade Organization (WTO) in December 2001, China has been gradually intensifying its fight against copyright infringement through penal means. For the 15 years since its WTO accession, the Chinese judiciary has successively promulgated four judicial interpretations to fight copyright infringement crimes, each stronger than the previous one. In response to increasing online piracy, the legislature amended the Criminal Law of the People's Republic of China (Criminal Law) to include provisions relating to cybercrimes
Of a copyright infringement, not taking the claimant’s work word-for-word if it is a literary work: the sense is extended to other types of copyright work. Most infringements are to some extent non-literal, although there are often parts that are literal copies. See look and feel .
A declaration, available in the UK from the Patent Office or the court under section 71 of the Patents Act 1977, confirming that an activity does not infringe a patent. The person seeking the declaration has to have asked the patentee for an assurance that they are not infringing first. A similar declaration can be obtained in the case of a trade mark or registered design. In the US, a declaratory judgment serves the same purpose.
7. Ubiquitous infringements rule ALI Principles § 321. Law of Laws to Be Applied in Cases of Ubiquitous Infringement (1) When the alleged infringing activity is ubiquitous and the laws of multiple States are pleaded, the court may choose to apply to the issues of existence, validity, duration, attributes, and infringement of intellectual property rights and remedies for their infringement, the law or laws of the State or States with close connections to the dispute, as evidenced, for example, by: (a) where the parties reside; (b) where the parties’ relationship