Definition:
Substantial noninfringing use refers to the utilization of a product in a manner that does not violate intellectual property regulations. For instance, recording a television show with a video recorder for later viewing is considered acceptable. If a product can be employed in a manner that adheres to the rules, it can be freely sold without encountering any legal issues. This principle is commonly known as the Sony doctrine or commercially significant noninfringing use.
Substantial noninfringing use refers to the lawful utilization of a product that does not violate any intellectual property rights. This criterion is employed in legal assessments to determine whether the sale of a product constitutes contributory infringement. For instance, a video recorder can be employed to record and watch programs without infringing on any intellectual property rights. Consequently, the sale of video recorders cannot be halted, and the manufacturer cannot be subjected to court-imposed royalties. The Sony Corporation of America v. Universal City Studios, Inc. case established the Sony doctrine, which asserts that if a product has a significant noninfringing use, its sale cannot be impeded. This doctrine safeguards manufacturers from being held accountable for contributory infringement if their products possess a legitimate noninfringing purpose. Another example of substantial noninfringing use is the sale of blank CDs. Although they can be utilised for making illegal copies of copyrighted material, they also serve a legitimate function in creating original content or backing up personal data. In essence, substantial noninfringing use is a crucial legal concept that helps strike a balance between safeguarding intellectual property rights and the freedom to utilise products in lawful ways.
Substantial noninfringing use refers to the legitimate and lawful purposes for which a product or technology can be used, without infringing any intellectual property rights.
Substantial noninfringing use is important because it helps determine whether a product or technology is capable of being used for lawful purposes, which can impact its legality and potential liability for copyright or patent infringement.
Substantial noninfringing use is determined by evaluating the overall purpose and capabilities of a product or technology, as well as any specific limitations or restrictions imposed by the intellectual property rights holder.
Yes, a product or technology can have both infringing and noninfringing uses. The key factor is whether the noninfringing uses are substantial enough to outweigh any potential infringing uses.
If a product or technology is found to lack substantial noninfringing use, it may be deemed infringing and subject to legal action, such as a copyright or patent infringement lawsuit.
Yes, substantial noninfringing use can be used as a defence in a copyright or patent infringement case. If the accused product or technology has significant noninfringing uses, it may help establish a legitimate purpose for its existence.
Yes, there are limitations to the substantial noninfringing use defence. For example, if the primary purpose or market for the product or technology is infringing, the defence may not be successful.
Yes, substantial noninfringing use is often determined on a case-by-case basis, taking into account the specific facts and circumstances of each situation.
No, substantial noninfringing use cannot be used to justify the sale or distribution of pirated or counterfeit goods. The defence only applies to legitimate and lawful uses of a product or technology.
Yes, if a product or technology has substantial noninfringing use, it may help defend against claims of contributory infringement, as it demonstrates that the product or technology has legitimate purposes beyond facilitating infringement.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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