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Intellectual Property Infringement
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Flashcards
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Copyright Infringement
The unauthorized use of copyrighted material without permission. Legal implications can include fines, damages, and injunctions against further use.
Trademark Infringement
Unauthorized use of a trademark, leading to confusion about the origin of goods or services. Legal implications may involve cease and desist orders, damages, and destruction of infringing goods.
Patent Infringement
Making, using, selling, or importing patented inventions without permission. Legal implications include injunctions, damages, and potentially enhanced damages for willful infringement.
Trade Secret Misappropriation
Theft or improper disclosure of a trade secret. Legal implications can involve damages, profits, injunctive relief, and sometimes criminal penalties.
Industrial Design Infringement
Copying or imitating the aesthetic design of a product that is protected. Legal implications include damages and seizure of infringing products.
Plagiarism
The act of taking someone else's work or ideas and passing them off as one's own. Legal implications can include academic penalties, monetary damages, and loss of reputation.
False Patent Marking
Marking an article with the intent to deceive the public into believing it is patented. Legal implications can involve fines and the potential for competitors to sue for damages.
Cybersquatting
Registering, trafficking in, or using a domain name with bad-faith intent to profit from a trademark belonging to someone else. Legal implications can include transfer of the domain and monetary damages.
Contributory Infringement
Intentionally aiding or inducing another to infringe on intellectual property rights. Legal implications may include being held liable for infringement damages.
Vicarious Liability
When a party is held responsible for infringement based on the actions of another. Legal implications can involve monetary damages and injunctive relief.
Reverse Engineering
The process of deriving the secret compositions, structures, or designs from products. Could be an infringement if it violates specific laws or agreements. Legal implications vary widely depending on jurisdiction and context.
Bootlegging
Unauthorized recording or distribution of performances without the consent of the rights holder. Legal implications include fines and possible criminal charges.
Counterfeiting
Producing an imitation of an item, usually with the intent to deceive or defraud by passing off the copy as the original item. Legal implications involve fines, seizures, and criminal charges.
Unfair Competition
Acts by businesses that cause economic harm to other businesses or consumers, including intellectual property infringement. Legal implications can include compensatory and punitive damages, and injunctive relief.
Direct Infringement
The act of directly violating an exclusive right granted by intellectual property laws. Liability does not require knowledge or intent. Legal implications include injunctions and monetary damages.
Secondary Infringement
Facilitating, enabling, or otherwise indirectly contributing to infringement. Legal implications may include monetary damages and injunctions against the contributor.
Public Performance Infringement
Performing copyrighted works publicly without proper authorization. Legal implications can include statutory damages, injunctions, and, in some cases, criminal penalties.
Moral Rights Infringement
Violation of the personal rights of an author, which may include the right to attribution and the right to the integrity of the work. Legal implications are country-specific, but can involve damages and injunctive relief.
Derivative Work Infringement
Creating a work based upon one or more preexisting works without permission. Legal implications include the potential for significant statutory damages and injunctive relief.
Distribution Infringement
Unauthorized selling or leasing of copies of protected works. Legal implications may involve actual damages, statutory damages per copy, and injunctive relief.
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