Unauthorised Use of Protected Subject Matter
Intellectual property rights are absolute, which means that an intellectual property right holder has an exclusive right to use a protected subject matter (e.g. an invention, a trademark, an industrial design or a copyright work). As a rule, these rights are time limited and based on a territorial principle.
Should a person start using a protected subject matter of intellectual property, without prior requesting an authorisation from an intellectual property right holder or without obtaining such authorisation, such use is unauthorised and it shall represent an infringement of a holder’s right.
It is only in certain specific and very restricted cases, set by the law, that the use of a protected subject matter of intellectual property without a right holder’s authorization shall not represent an infringement of the right.