infringement

Infringement is the violation of a law, right, or agreement. In legal contexts, it commonly refers to acts that unlawfully violate protected rights or breach contractual duties, without authority or permission.

Intellectual property infringement covers several distinct areas. Copyright infringement occurs when a protected work is copied, distributed, performed, displayed, or adapted without authorization, outside any applicable exceptions. Patent infringement involves making, using, selling, or offering to sell a patented invention without permission. Trademark infringement arises from using a protected mark in commerce in a way that is likely to cause confusion, mistaken identity, or dilution of the mark.

Infringement can also apply to other rights or to statutory duties, such as contractual obligations or regulatory requirements. The concept extends beyond intellectual property to breaches of privacy rights, licensing agreements, or treaty obligations in some contexts.

Enforcement and remedies vary by jurisdiction. Civil actions may seek injunctions, damages (actual or statutory), and, in some systems, attorney’s fees. Criminal penalties may apply in severe cases, such as large-scale piracy or counterfeiting. Defenses include licenses or permissions, fair use or fair dealing, exhaustion of the right, non-infringing use, or lack of ownership or validity of the asserted right.

Because standards differ among jurisdictions and rights, the specifics of what constitutes infringement depend on the applicable law, the scope of the protected right, and the circumstances of each case.