Infringement: Overview, definition and example
What is infringement?
Infringement refers to the violation of a legal right, typically related to intellectual property, such as patents, trademarks, copyrights, or trade secrets. It occurs when someone uses, copies, or reproduces a protected asset without permission from the holder of the legal rights.
Why is infringement important?
Infringement is important because it protects the rights of creators, innovators, and businesses. When someone infringes on a protected right, it can lead to financial losses, damage to reputation, and the erosion of exclusive rights. Addressing infringement ensures that the original party can enforce their rights and take corrective action to prevent further unauthorized use.
Understanding infringement through an example
Imagine a software company has developed a new application and patents a unique feature. If a competitor copies that feature and uses it in their own app without permission, this would be considered patent infringement. The software company can take legal action to stop the competitor from using the patented feature and potentially seek damages.
In another case, a small business that holds a registered trademark for its logo may face infringement if another company starts using a similar logo in the same industry, confusing customers and potentially hurting the original business's brand.
Example of an infringement clause
"The Party agrees not to infringe upon the intellectual property rights of the other Party, including but not limited to patents, trademarks, and copyrights, during the term of this Agreement."
Conclusion
Infringement refers to the unauthorized use of someone’s legal rights, often related to intellectual property. It is important for businesses and individuals to protect their intellectual property and address any infringements to maintain control over their creations and assets.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.