What Is the Definition of Infringement? The Seven Elements That Constitute an Act of Infringement

In the competitive world of business, deceit and trickery are common, and fierce competition often arises among companies in the development of new products and technologies. Moreover, infringement incidents occur frequently across various areas, particularly in cases involving patents, trademarks, and intellectual property rights.

Faced with the potential violation of one's rights, how can one determine if an infringement has occurred? How does the law define infringement, and what constitutes an act of infringement?

When seeking compensation for damages resulting from an infringement, the primary legal basis is Article 184 of the Civil Code. There are seven important elements that must be met to establish an act of infringement.

• Intent and Negligence:

  Under the principle of fault-based liability for infringement, when one knowingly proceeds with an act that is likely to cause harm, it is classified as intentional. When one fails to exercise due care, resulting in infringement, it is classified as negligence.

• Illegality:

  The act must be unlawful, meaning it violates regulations or public order and good morals.

• Infringing Conduct:

  This includes both active behavior that causes loss and passive inaction that negatively impacts the victim.

• The Infringed Subject Must Be a Right or Interest:

  The first part of Article 184 protects "rights," while the latter part expands protection to both "rights" and "interests."

• Existence of Damage:

  If property has been damaged, including a decrease in current assets or a failure to realize expected gains, it is considered damage.

• Causal Relationship Between the Act and the Damage:

  There must be a reasonable causal link between the infringing behavior and the damage under ordinary circumstances.

• Capacity for Responsibility:

  The perpetrator must have the legal capacity to assume liability for damages, known as tort capacity. If the person has the ability to recognize the legal consequences of their behavior, they are deemed capable of being held responsible.

After understanding the elements that constitute infringement, it becomes clear that acts of infringement can damage a company's or business's reputation, business opportunities, assets, and other rights and interests.

When faced with such situations, how should one respond and take action?

In these cases, professional evidence collection and infringement assessment become crucial steps in protecting your rights and ensuring that your interests are not harmed.

Case Examples of Infringement Acts

In today’s profit-driven society, acts of infringement have become increasingly common. The main targets of infringement typically include trademarks, patents, intellectual property, inventions, and company products, which are often subject to counterfeiting and plagiarism, thereby jeopardizing corporate interests and assets.

Legally, there are numerous examples of infringement cases: from live-stream sales of counterfeit luxury goods aiming to reap huge profits—where the market value of the infringed goods exceeded 20 million NTD and led to prosecution—to the case where a well-known Taiwanese sandwich brand sued a Hong Kong manufacturer for trademark infringement, ultimately resulting in a settlement where the defendant agreed to cease using the trademark and pay 200,000 HKD in damages.

There have even been cases where popular songs and music videos were maliciously parodied, with rewritten lyrics and visuals circulated online, sparking public debate. In such instances, the original composer publicly urged the infringers to stop their violations.

These examples show that infringement remains a serious issue in society, and major corporations often respond swiftly and decisively to such cases.

Methods of Infringement Investigation and Service Overview

Safeguarding your rights and interests is often far more complex than you might imagine.

When your patents or business opportunities are counterfeited or infringed upon, causing serious damage to your reputation and interests, the infringers may already have profited greatly through illegal means—while you, lacking sufficient evidence, can only watch helplessly as your company suffers harm.

In such cases, private detective agencies offer professional assistance and consultation. Through the collection and documentation of evidence, they can help ensure that you have a strong legal basis to support your claims in court.

Facing the pressures of related litigation, detective agencies leverage their expertise in patent dispute resolution mechanisms, helping you avoid the frustration caused by prolonged and rigid legal processes, and allowing professionals to manage the complex procedures on your behalf.

With their powerful and professional background, detective agencies can also provide advice on criminal accountability issues, ensure the protection of your rights under civil law, and assist you through administrative relief procedures to maximize your protection.

Additionally, we offer comprehensive corporate legal advisory services, evidence preservation, and witness protection, ensuring that the entire process is safeguarded to the fullest extent.

All you need to do is provide the necessary detailed information for the investigation, and we will help you effectively resolve the related issues.