Intellectual Property Law

Definition

Vicarious infringement is a form of secondary liability for direct infringement based on the common law principle of respondeat superior.

A person may be held liable for the infringing acts committed by another if he or she had the right and ability to control the infringing activities and had a direct financial interest in such activities.  The existence of direct infringement is required to establish a claim of vicarious infringement: however, it is not necessary for the alleged infringer to have intent or knowledge of the infringement.<

Definition

A form of secondary liability for direct infringement of a patent, copyright, or trademark.  A means by which a person may be held liable for infringement even though he or she did not actually engage in infringing activities.

The unauthorized exercise of one of the exclusive rights granted to the owner of a patent, copyright or trademark. 

In patent, direct infringement occurs when a person without authorization makes, uses, offers to sell or sells any patented invention within the United States or imports into the United States any patented invention during the term of the patent therefor.  See 35 U.S.C. § 271.