Is IP infringement a criminal activity? Quick answer

Word by Dr Martin Douglas Hendry
 
 

Is intellectual property infringement a criminal offence?

Typically, intellectual property is not considered a criminal offence, but rather a civil offence.

Despite this, there are some kinds of intellectual property infringement that can result in criminal sanctions.

For example, counterfeiting (which typically results from a range of other criminal activity) can result in criminal liability.

For the most part, criminal sanctions only come into play with commercial-scale counterfeiting (trade mark infringement) or copyright offences.

Note that patent infringement does not typically fall under criminal liability. This is as a consequence of the likelihood of accidental infringement, and the technical aspect of infringement when it occurs.

It is also important to note that whilst IP infringement itself may not result in criminal sanctions – it may bring attention to other activity surrounding it that will.

If IP infringement is typically not a criminal offence, how is it sanctioned?

It is not uncommon for our team to be asked how copycats are punished for infringement if they are not sent to jail!

Civil matters are resolved through remedies that are compensatory rather than punitive (as in criminal law). In this way, they are designed to stop and limit the damage to the infringed party and restore their financial position.

This can include legal actions such as: cease and desist notices, injunctions (interim and final), as well as damages and costs awards.

In order to achieve the best outcome from an intellectual property claim (whether enforcing or defending), it is best to speak to a specialist team.

Specialist teams are able to identify the liability and fight for the best possible outcome for your within the confines of IP law, a unique and specialist area.

To speak to our team of specialists, click here to leave our team a message.
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​The content on this website, including FAQs and legal posts, is for general informational purposes only and does not constitute legal advice. Laws vary by jurisdiction, and specific advice should always be sought for individual circumstances. Virtuoso Legal is not responsible for any losses arising from reliance on this content. For tailored advice, please contact us at 0113 237 9900 or enquiries@virtuosolegal.com.
 
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