Intellectual Property Infringement
Intellectual property infringement charges arise when an intellectual property right (such as a copyright, patent, or trademark) is said to have been violated.
Intellectual property infringement can happen without intentional imitation. Unfortunately, while deliberate infringements produce larger damages, ignorance is not a defense. However, apart from computer software, ideas, information, and technology are typically not protected by copyright, and copyrights (unlike patents and trademarks) require conscious duplication in order for a court to make a finding of intellectual property infringement.
The Digital Millennium Copyright Act criminalized production and distribution of devices, services, or technology intended to thwart measures to control copyrighted works, as well as the act of circumventing an access control, regardless of whether an actual copyright infringement has taken place. This act provides for massive statutory and punitive damages.
The Intellectual Property Enhanced Criminal Enforcement Act of 2007 increased possible criminal penalties to twenty years, and, controversially, made attempted intellectual property infringement a crime even when such infringement has not actually occurred.
Arguments have been made that intellectual property law establishes a socially ineffective intellectual monopoly, inhibiting innovation and higher economic growth, the proclaimed goals of intellectual property law.
In ExcelStor Technology, Inc. v. Papst Licensing GMBH & Co. KG, the court established that patent exhaustion (a legal doctrine prohibiting patent holders from selling a patented article and then invoking patent law to control post-sale use of that article) is a defense to patent infringement.
Battling accusations of intellectual property infringement can be difficult and time-consuming. This is why you need the support of a legal team experienced in successfully resolving such disputes.
If you are facing intellectual property infringement charges, the Blanch Law Firm can help. Contact one of our attorneys by calling 888-984-5574 . Your initial consultation is free and confidential.