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INFRINGEMENT

The violation of law or a right. This term is most frequently used with regard to intellectual property infringements which include: Copyright Infringement Patent Infringement Trademark Infringement. A copyright, patent or trademark granted by the United States government provides the owner with an exclusive right to use the work of authorship, invention or trade name. Unlawful or unauthorized use by a person who does not have a copyright, patent or trademark that would govern use of the item violates this right. In copyright law, this frequently occurs when a person or entity copies or otherwise uses a work protected by copyright and modifies the work to create a derivative work without the permission of the rights holder. In trademark law, infringement may occur when the mark or name of a second comer is likely to cause confusion consumers in the marketplace as to who is the origin of the goods or services attributed to the mark (or who owns the trade mark or name.) In patent law, infringement usually refers to a utility patent which would include acts where there is an actual copy of the patented invention or there is an invention that accomplishes substantially the same function as the patent in substantially the same manner.

Law Dictionary – Alternative Legal Definition

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. Contributory infringement. The intentional aiding of one person by another in the unlawful making or selling of a patented invention ; usually done by making or selling one part of the patented invention, or one element of the combination, with the intent and purpose of so aiding.

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