What constitutes intellectual property infringement?

An individual or organization can face or encounter a violation of its intellectual property rights, or infringement regarding its patents, copyright and trademarks, and trade secrets.  In general terms, IP infringement pertains to any breach of IP rights.

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IP infringement can involve varying types of violations that include counterfeiting and piracy.  Counterfeiting is the practice of imitating genuine goods with the purpose of taking advantage of the superior value of the imitated product.  Piracy, on the other hand, is the unauthorized use, copying, reproduction, and/or distribution of materials that are protected by IP rights.

Among the most commonly committed types of IP infringement is copyright infringement, which is the use of works protected by copyright law without the copyright holder’s permission.  This usually violates the exclusive rights that the copyright holder has, such as the right to reproduce, display, distribute, and perform the work or create derivatives.

Trademark infringement is just as familiar.  Here, a trademark owner’s exclusive rights are violated, where the infringer uses a trademark that’s either identical or confusingly similar to a trademark owned by another, on products and services identical or similar to those which the trademark registration covers.

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Patent infringement uses or sells a patented invention without the patent holder’s permission, which is usually granted in the form of a license.  A patented invention and its scope are governed by the claims of the issued patent, always filed and documented with the USPTO.

Note, however, that there are non-infringing types of works.  A work, to qualify for copyright protection, should be an expression – not an idea – with a level of originality and presented in a fixed medium.  The idea per se isn’t protected, so a copy of another person’s original idea isn’t infringing unless the unique expression of the idea is copied.  It’s important to seek legal advice or professional expertise on the matter to protect one’s IP rights and know its limitations. 

MEM Concessions LLC is founded by Michael E. Melton, who has enjoyed a distinguished career as an Intellectual Property attorney and currently is a partner with Norris & Melton P.L.L.C located in Washington, DC. For similar reads, visit this page.