infringements

Infringement refers to the violation of a legally protected right by another party without authorization. It is most commonly discussed in the context of intellectual property, but can apply to other rights such as privacy or contract protections. Infringement can lead to civil liability, criminal penalties, or both, depending on the jurisdiction and the nature of the right involved.

Civil enforcement typically seeks remedies such as injunctions to stop the infringing activity and damages to compensate the holder. Criminal enforcement may apply for serious or willful violations, especially where there is intent to commercialize infringing goods or large-scale counterfeiting.

Elements usually include ownership of a valid right, unauthorized act, and a causal link to harm. Defenses may include lack of ownership, invalidity of the right, permissible exceptions, or a license.

Copyright infringement involves reproducing, distributing, publicly performing, or displaying a protected work without permission. Exceptions exist for fair use or fair dealing, and some uses may be licensed by the rights holder.

Patent infringement occurs when a patented invention is made, used, sold, offered for sale, or imported without authorization.

Trademark infringement arises from use of a protected mark in commerce in a way that is likely to confuse consumers or dilute the mark’s distinctiveness.

Trade secret misappropriation involves the improper acquisition, use, or disclosure of confidential business information.

Remedies and defenses vary by jurisdiction but commonly include injunctions, monetary damages, and, in some cases, attorneys’ fees or royalties. Defenses include fair use or fair dealing (copyright), invalidity, licenses, exhaustion, and lack of intent.

In international contexts, agreements such as TRIPS establish minimum standards for protecting and enforcing intellectual property rights; national laws and enforcement practices, however, differ in scope and effectiveness.