Which of the following is a Defence to copyright infringement?
The available defences for copyright infringement fall into two main categories: (1) attacking the validity of the copyright or the party’s right to enforce; and (2) alleging that your use of the copyrighted work is not an infringing use.
How do you defend against patent infringement?
Prove that you are compliant, by data that shows you are not infringing, or argue that the asserted patent is invalid, if that be the case. Stop selling or making the infringed product. Negotiate licensing fees from the patent owner by cross asserting your patent portfolio (if the plaintiff is not an NPE).
What is the penalty for copyright infringement in Canada?
These primarily deal with infringement that involves sale or rental of copyrighted materials, and can result in fines of up to $1,000,000 or prison sentences of up to 2 years for indictment. For a summary conviction, the maximum fine is $25,000 and prison term is limited to 6 months.
What are the three defenses to copyright infringement?
Defenses to Copyright Infringement Claims
- Fair use doctrine.
- Proof the work was independently created and not copied.
- Innocence (proving there was no reason to believe the work was copyrighted)
- The use is with a license agreement in place (this can shift liability to the licensor)
How does a trademark infringement defense work in court?
A trademark infringement defense is the legal case brought by a defendant to prove they did not infringe on someone else’s (the plaintiff’s) trademark.6 min read. A trademark infringement defense is the legal case brought by a defendant to prove they did not infringe on someone else’s (the plaintiff’s) trademark.
Can a defendant be held liable for trademark infringement in Canada?
In Canada, it has long been the case that if a defendant is found liable for trademark infringement, the plaintiff is entitled to claim either damages or the profits generated from the defendant’s sale of its infringing goods or services.
What can I do if someone infringes my trademark?
When holders of a registered trademark allege infringement, they pursue civil lawsuits in federal court, rather than with the U.S. Patent and Trademark Office. In trademark infringement cases, plaintiffs have a wider set of remedies available to them, including injunctive relief and monetary damages.
Is there burden of proof for trademark infringement?
That’s because infringement, at its very basic core, is a civil claim in which the plaintiff has the burden of proof. Additionally, defendants may have options for raising legitimate defenses against trademark owners who file claims of infringement.