Define: Inducement Of Infringement

Inducement of infringement refers to the act of intentionally encouraging or promoting another person to engage in activities that infringe upon someone else’s intellectual property rights, such as copyright or patent infringement.

To be held liable for inducement of infringement, a person must have knowledge of the infringing activity and actively encourage or facilitate it. Mere knowledge of the infringement is not enough; there must be intentional inducement.

Yes, a company can be held liable for inducement of infringement if it actively encourages or facilitates infringing activities. This can include providing tools, services, or platforms that are primarily used for infringing purposes.

The consequences of being found liable for inducement of infringement can include monetary damages, injunctions to stop the infringing activities, and in some cases, criminal penalties.

No, to be held liable for inducement of infringement, a person must have knowledge of the infringing activities and intentionally encourage or facilitate them. Lack of awareness or unintentional involvement would not make someone liable.

Yes, a copyright holder can sue for inducement of infringement even if they choose not to sue the direct infringer. Inducing others to infringe can still be a separate and actionable offense.

Yes, there are several defences that can be raised against a claim of inducement of infringement, such as fair use, lack of knowledge, or lack of intent to induce infringement. Each case will depend on its specific circumstances.

Providing general information about infringing activities without actively encouraging or facilitating them is unlikely to result in liability for inducement of infringement. However, if the information is specifically tailored to induce infringement, liability may arise.

Merely providing a product that can be used for both legal and infringing purposes is generally not enough to establish liability for inducement of infringement. There must be evidence of intentional inducement or encouragement of the infringing use.

Removing or disabling access to infringing content does not necessarily shield a person from liability for inducement of infringement. If there is evidence of prior intentional inducement or encouragement of the infringing activities, liability may still exist.