Infringer

An infringer is a person or entity that violates another’s rights by using protected material without permission. In intellectual property law, infringement occurs when a protected work or mark is used in ways not authorized by the rights holder, outside any applicable exceptions or licenses. An infringer can be an individual, a company, or a organization, and liability may arise from direct use or from contributing to or facilitating the infringement.

Common forms of infringement include copyright infringement (reproducing, distributing, publicly performing or displaying a work, or creating unauthorized derivative works), trademark infringement (unauthorized use of a protected name or logo in commerce that is likely to cause confusion), patent infringement (making, using, selling, or offering a patented invention without permission), and misappropriation of trade secrets (unlawful taking or use of confidential information).

Enforcement and remedies vary by jurisdiction but often include civil actions seeking injunctions to stop the infringing activity and damages to compensate the rights holder. Damages can include actual losses, defendant profits, statutory damages, and attorneys’ fees in some systems. In some cases, criminal penalties may apply for willful or large-scale infringement, counterfeit goods, or other aggravated conduct. Defenses to infringement can include fair use or fair dealing, an existing license, or evidence of independent creation.

The term “infringer” is a descriptive label used in legal contexts to refer to someone whose actions violate protected rights. Whether a given act qualifies as infringement depends on applicable laws, the nature of the rights, and the specific facts of the case.