2005 Illinois Code - 815 ILCS 620/ Illinois Fair Invention Development Standards Act. Article V - Remedies And Enforcement
(815 ILCS 620/Art. V heading) ARTICLE V. REMEDIES AND ENFORCEMENT
(815 ILCS 620/501)(from Ch. 29, par. 501) Sec. 501. Application of other law. The provisions of this Act are not
exclusive and do not relieve the parties or the contract subject thereto
from compliance with all other applicable provisions of law. (Source: P.A. 81‑542.)
(815 ILCS 620/502)(from Ch. 29, par. 502) Sec. 502. Unenforceability of contract for noncompliance. Any contract
for invention development services which does not comply with the applicable
provisions of this Act shall be void and unenforceable as contrary to public
policy, provided that no contract shall be void and unenforceable if the
invention developer proves that noncompliance was unintentional and resulted
from a bona fide error notwithstanding the use of reasonable procedures adopted
to avoid any such errors and makes an appropriate correction. (Source: P.A. 81‑542.)
(815 ILCS 620/503)(from Ch. 29, par. 503) Sec. 503. Unenforceability of contract for fraud. Any contract for invention
development services entered into in reliance upon any false, fraudulent,
deceptive or misleading opinion, statement or other representation by the
invention developer shall be void and unenforceable. (Source: P.A. 81‑542.)
(815 ILCS 620/504)(from Ch. 29, par. 504) Sec. 504. Nonwaiver of Act by customer. Any waiver by the customer of the
provisions of this Act shall be deemed contrary to public policy and shall
be void and unenforceable. (Source: P.A. 81‑542.)
(815 ILCS 620/505)(from Ch. 29, par. 505) Sec. 505. Damages and attorneys fees. Any person who has been injured
by a violation of this Act by an invention developer or by any false or
fraudulent statement, representation, or omission of material fact by an
invention developer, may bring a civil action against the invention developer
for the greater of the following amounts: (1) $3,000, or (2) Three times the amount of the actual damages, if any, sustained by
the customer. In addition to the greater of the preceding amounts, the court
may award reasonable attorney's fees to the customer. (Source: P.A. 81‑542.)
(815 ILCS 620/506)(from Ch. 29, par. 506) Sec. 506. Offenses. Any invention developer who wilfully violates any
provision of this Act, or wilfully enters an invention development
contract which omits any duty or disclosure required by this Act, is guilty
of a Class B misdemeanor. (Source: P.A. 81‑542.)
(815 ILCS 620/507)(from Ch. 29, par. 507) Sec. 507. Injunction. Any circuit court of this State shall have jurisdiction
in equity to restrain and enjoin the violation of any of the provisions
of this Act relating to invention development services and contracts therefor. (Source: P.A. 81‑542.)
(815 ILCS 620/508)(from Ch. 29, par. 508) Sec. 508. Enforcement. The duty to institute actions for violations
of this Act, including equity proceedings to restrain and enjoin such violations,
is hereby vested in the Attorney General and State's attorneys. The Attorney
General or State's attorneys may prosecute misdemeanor actions or institute
equity proceedings or both. This Section shall not be deemed to prohibit the enforcement by any person
of any right provided by this or any other law. (Source: P.A. 81‑542.)
(815 ILCS 620/509)(from Ch. 29, par. 509) Sec. 509. Voidability for failure to comply with disclosure requirements. Failure to make the disclosures required by Article 2 of this Act shall
render any contract subsequently entered into between the customer
and the invention developer voidable by the customer. (Source: P.A. 81‑542.)
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