2015 US Code
Title 17 - Copyrights (Sections 101 - 1332)
Chapter 9 - Protection of Semiconductor Chip Products (Sections 901 - 914)
Sec. 907 - Limitation on exclusive rights: innocent infringement
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 17 - COPYRIGHTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 17 - COPYRIGHTS CHAPTER 9 - PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS Sec. 907 - Limitation on exclusive rights: innocent infringement |
Contains | section 907 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 98-620, title III, §302, Nov. 8, 1984, 98 Stat. 3350. |
Statutes at Large Reference | 98 Stat. 3350 |
Public and Private Law | Public Law 98-620 |
Download PDF
(a) Notwithstanding any other provision of this chapter, an innocent purchaser of an infringing semiconductor chip product—
(1) shall incur no liability under this chapter with respect to the importation or distribution of units of the infringing semiconductor chip product that occurs before the innocent purchaser has notice of protection with respect to the mask work embodied in the semiconductor chip product; and
(2) shall be liable only for a reasonable royalty on each unit of the infringing semiconductor chip product that the innocent purchaser imports or distributes after having notice of protection with respect to the mask work embodied in the semiconductor chip product.
(b) The amount of the royalty referred to in subsection (a)(2) shall be determined by the court in a civil action for infringement unless the parties resolve the issue by voluntary negotiation, mediation, or binding arbitration.
(c) The immunity of an innocent purchaser from liability referred to in subsection (a)(1) and the limitation of remedies with respect to an innocent purchaser referred to in subsection (a)(2) shall extend to any person who directly or indirectly purchases an infringing semiconductor chip product from an innocent purchaser.
(d) The provisions of subsections (a), (b), and (c) apply only with respect to those units of an infringing semiconductor chip product that an innocent purchaser purchased before having notice of protection with respect to the mask work embodied in the semiconductor chip product.
(Added Pub. L. 98–620, title III, §302, Nov. 8, 1984, 98 Stat. 3350.)
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.