Intellectual property infringement refers to the unauthorized use, duplication, or sale of material or products that are legally protected intellectual property.
Under federal and state law, the definition of infringement varies depending on the intellectual property right (IPR) at issue. Copyrights and patents are protected under federal law, so infringement of these rights is defined by the same law. These laws generally define IPR as the unauthorized manufacture, use, or sale of proprietary IP.
Trademarks and trade secrets are protected by federal and state laws, also known as common law. Due to its hybrid nature, intellectual property rights may be governed by both federal and state law. Federal laws regarding infringement of rights remain the same throughout the country, but state laws may vary from state to state.
