The scope of intellectual property infringement investigations is vast, encompassing all actions that violate the rights of individuals, corporations, and organizations. Some infringement cases require the involvement of professional scholars, experts, and forensic units to help ensure that lawbreakers are held accountable and that violators face legal consequences.

Elements of Infringement
Intentional or Negligent:

1. Infringement liability for damages follows a negligence-based approach, meaning compensation is required only when negligence (or intent) is present.

2. Intentional refers to knowingly and deliberately causing the infringement, or foreseeing the occurrence of the infringement and proceeding without deviation from their original intent.

3. Negligence refers to failing to pay attention or failing to act with reasonable care, or the failure to foresee a potential infringement despite having the ability to do so.

4. Under civil law (Article 184, Section 1), infringement actions related to “intentional” violations are excluded from negligence-based claims when the action involves immoral or offensive conduct.

5. In civil law (Article 184, Section 2), infringement actions violating laws that protect others are presumed to be negligent.

Illegality:
Infringement requires illegality, meaning the act must violate mandatory legal provisions (e.g., prohibitions) or public policy. Generally, any action that infringes on rights is considered illegal, unless justified by a legal exception such as self-defense, emergency, or self-help.

Infringing Actions:
This includes both active acts and passive omissions.

The Object of the Infringement:

1. Under civil law (Article 184, Section 1), the object of protection in infringement cases is limited to “rights” and does not include “interests” (e.g., “possession” is considered an interest rather than a right).

2. Under civil law (Article 184, Section 2), infringement through “immoral conduct” or violations of laws protecting others includes both “rights” and “interests.”

Damages:
This refers to a reduction in existing property or failure to increase property as expected.

Causal Relationship Between the Action and the Damage:
This implies that, under normal circumstances, the infringement will result in the anticipated damage. A causal relationship exists when the act leads to the result with substantial probability.

Liability Capacity:

1. This refers to the ability of the actor to bear responsibility for damages, also known as tort liability capacity.

2. If the actor has the capacity to understand their legal responsibility, they are considered to have liability capacity.

Thus, individuals without full legal capacity can still be involved in tortious actions.

Is a Manufacturer’s Use of Unapproved Raw Materials Infringing?
For example, the use of phthalates, toxic milk powder, toxic starch, or harmful food additives—these upstream suppliers are infringing on the health and well-being of the public.

Common Infringement Cases Handled by Investigative Agencies:
Private investigation agencies frequently handle cases involving infringement of business interests, such as counterfeiting, intellectual property violations, employee loyalty issues, non-compete agreements, commercial credit investigations, accounts receivable, debt collection, litigation evidence gathering, and more. Other areas include personal matters like infidelity investigations, evidence collection for cheating spouses, and property rights violations like debt collection and credit investigations.

All cases related to infringements of rights fall under the scope of intellectual property investigations, including patent infringement, trademark violations, civil infringements, and more.