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An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
Intellectual property law has been criticized as not recognizing new forms of art such as the remix culture, whose participants often commit what technically constitutes violations of such laws, creation works such as anime music videos and others, or are otherwise subject to unnecessary burdens and limitations which prevent them from fully ...
The case In re Apple iPod iTunes Antitrust Litigation was filed as a class action in 2005 [9] claiming Apple violated the U.S. antitrust statutes in operating a music-downloading monopoly that it created by changing its software design to the proprietary FairPlay encoding in 2004, resulting in other vendors' music files being incompatible with and thus inoperable on the iPod. [10]
The District Court ruling aroused significant controversy among patent law experts and observers of the telecommunications industry. The jury's decision was described as being "Apple-friendly" by Wired and a possible reason for the increased costs—because of licensing fees to Apple—that subsequently affected Android smartphone users. [ 32 ]
However, copyright is a type of intellectual property, an area of law distinct from that which covers robbery or theft, offenses related only to tangible property. Not all copyright infringement results in commercial loss, and the U.S. Supreme Court ruled in 1985 that infringement does not easily equate with theft.
But it violates such policies of US patent law as the monopoly of a patent is confined to what its claims cover and once a patent expires the public has an unlimited right to practice the formerly claimed subject matter. [4] Patent misuse may also occur when the patentee's conduct is a violation of antitrust laws.
As articulated by the United States Court of Appeals for the Second Circuit, trademark law protects the public from incurring harms caused by post-sale confusion: "Trademark laws exists to protect the public from confusion. The creation of confusion in the post-sale context can be harmful in that if there are too many knockoffs in the market ...
The origin of the legislation was the Intellectual Property Rights Enforcement Act, S.1984 introduced on November 9, 2005, in 109th Congress [8] by Senator Evan Bayh (D-IN) and Senator George Voinovich (R-OH), and re-introduced on February 7, 2007, in the 110th Congress as S.522.