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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 ...
Patent misuse may also occur when the patentee's conduct is a violation of antitrust laws. For example, a company buying all the patents in a given field ( relevant market ) to stall competition would be misusing patents, and (assuming other statutory requirements are met) also violating section 7 of the Clayton Act (15 U.S.C. § 18) and ...
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 ...
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.
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims. Case law provides other defenses, such as the first-sale doctrine, the right to repair, and unenforceability because of inequitable conduct.
Criminal copyright laws prohibit the unacknowledged use of another's intellectual property for the purpose of financial gain. Violation of these laws can lead to fines and jail time. Criminal copyright laws have been a part of U.S. laws since 1897, which added a misdemeanor penalty for unlawful performances if "willful and for profit". Criminal ...
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 ...