Legal Definitions - innocent infringement

Definition: Innocent infringement refers to the act of violating an intellectual property right without knowledge or awareness that the act constitutes infringement. This can happen when someone unknowingly uses a copyrighted work, patented invention, or trademark without permission.

For example, if a student uses an image from the internet in their school project without realizing it is copyrighted, they may be guilty of innocent infringement. Similarly, if a company unknowingly uses a patented technology in their product, they may be liable for innocent infringement.

It is important to note that innocent infringement may not completely absolve someone of liability, but it can limit the damages they are required to pay. For instance, in the copyright context, damages may be limited if the infringer was misled by the lack of a copyright notice on an authorized copy of the copyrighted work, distributed under the owner's authority before March 1989, and the infringing act occurred before the infringer received actual notice of the copyright.

Overall, innocent infringement occurs when someone unintentionally violates an intellectual property right, and it is important to be aware of these rights to avoid any legal issues.