15.21 Derivative Liability-Contributory Infringement is the legal principle that holds someone liable for the infringement of another’s intellectual property rights even if they did not personally commit the infringement. This liability is based on the principle that a person or entity has contributed to the infringement through either providing the goods or services that enabled the infringement or actively inducing or encouraging someone else to do so. This type of liability can be found in the Copyright Act, Patent Act, and Trade-Marks Act of Canada. There are two main types of derivative liability-contributory infringement: direct infringement and indirect infringement. Direct infringement occurs when someone or an entity provides the goods or services that enable another to infringe upon another’s intellectual property rights, while indirect infringement occurs when a person or entity actively induces or encourages someone else to commit the infringement.
15.21 Derivative Liability-Contributory Infringement
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These are examples of contributory infringement: Selling components used exclusively to construct a patented item. Selling non-infringing components with instructions on how use them in an infringing manner. Importing a 3D-printed device with the exact specifications of a patented device.
Contributory infringement is a form of secondary liability for direct infringement of a patent, copyright, or trademark. It is a means by which a person may be held liable for infringement even though they did not actually engage in infringing activities.
Contributory infringement is a form of secondary liability for direct infringement of a patent, copyright, or trademark. It is a means by which a person may be held liable for infringement even though they did not actually engage in infringing activities.
?Contributory infringement requires 'only proof of a defendant's knowledge, not intent, that his activity cause infringement.
?Contributory infringement requires 'only proof of a defendant's knowledge, not intent, that his activity cause infringement.
The party who performs all of the steps is liable as a direct infringer, while the inducer is liable as an indirect infringer. Contributory infringement, which is not relevant here, exists when a defendant sells or offers to sell a component that can only be used in infringing a patented invention.
Damages for Patent Contributory Infringement Plaintiffs may attempt to claim compensatory damages that equate to either: Reasonable royalties, had the defendant properly licensed the patent, or. Lost profits due to the defendant's infringing activity.