The improper use of a patent (i.e., protected invention) or creative work (written, graphic or musical) that is protected by copyright or trademark without permission or notice, and without agreeing to a contract involving the payment of a royalty. Patent infringement involves the use or sale of something that is the same as or functionally equivalent to a patented invention. Copyright infringement involves everything from willful plagiarism to accidental use of copyright material, unless fair use can be demonstrated. Trademark infringement involves uses likely to cause confusion in the average consumer. The party found in a lawsuit to be infringing may have to pay the original patent or copyright holder significant damages, which can be royalty arrears or as much as the accumulated gross profits of the infringer.

Business law dictionary. 2015.


Look at other dictionaries:

  • infringement — in·fringe·ment n: the act or an instance of infringing; esp: the unauthorized use of copyrighted or patented material or of a trademark, trade name, or trade dress see also equivalent, fair use ◇ Infringement of a trademark, trade name, or trade… …   Law dictionary

  • Infringement — Infringement, when used alone, has several possible meanings in the English language. In a legal context, an infringement refers to the violation of a law or a right. This includes intellectual property infringements such as: *copyright… …   Wikipedia

  • Infringement — In*fringe ment, n. 1. The act of infringing; breach; violation; nonfulfillment; as, the infringement of a treaty, compact, law, or constitution. [1913 Webster] The punishing of this infringement is proper to that jurisdiction against which the… …   The Collaborative International Dictionary of English

  • infringement — 1590s, from INFRINGE (Cf. infringe) + MENT (Cf. ment) …   Etymology dictionary

  • infringement — *breach, infraction, violation, trespass, transgression, contravention Analogous words: encroachment, invading or invasion, entrenchment (see corresponding verbs at TRESPASS): intruding or intrusion, obtruding or obtrusion (see corresponding… …   New Dictionary of Synonyms

  • infringement — /infrinjmant/ A breaking into; a trespass or encroachment upon; a violation of a law, regulation, contract, or right. Used especially of invasions of the rights secured by patents, copyrights, and trademarks. See also encroachment trespass. @… …   Black's law dictionary

  • infringement — infringe in‧fringe [ɪnˈfrɪndʒ] also infringe on verb [transitive] to do something that is against a law or someone s legal rights: • There was no evidence that Apple s work was infringing Xerox copyrights. • We ll be watching closely to see… …   Financial and business terms

  • infringement — [[t]ɪnfrɪ̱nʤmənt[/t]] infringements 1) N VAR: usu N of/on n An infringement is an action or situation that interferes with your rights and the freedom you are entitled to. ...infringement of privacy... They see it as an infringement on their own… …   English dictionary

  • infringement — noun ADJECTIVE ▪ alleged ▪ possible ▪ copyright, patent, trademark ▪ serious ▪ minor …   Collocations dictionary

  • infringement — n. an infringement of, on (an infringement of smb. s rights) * * * [ɪn frɪndʒmənt] on (an infringement of smb. s rights) an infringement of …   Combinatory dictionary

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