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« 17 USC Sec. 906 | Index | 17 USC Sec. 908 »
17 USC Sec. 907 - Limitation on exclusive rights: innocent infringement
(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.
-SOURCE-
(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
3350.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 913 of this title.
« 17 USC Sec. 906 | Index | 17 USC Sec. 908 »
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