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Copyright Act
« 17 USC Sec. 912 | Index | 17 USC Sec. 914 »
17 USC Sec. 913 - Transitional provisions
(a) No application for registration under section 908 may be
filed, and no civil action under section 910 or other enforcement
proceeding under this chapter may be instituted, until sixty days
after the date of the enactment of this chapter.
(b) No monetary relief under section 911 may be granted with
respect to any conduct that occurred before the date of the
enactment of this chapter, except as provided in subsection (d).
(c) Subject to subsection (a), the provisions of this chapter
apply to all mask works that are first commercially exploited or
are registered under this chapter, or both, on or after the date of
the enactment of this chapter.
(d)(1) Subject to subsection (a), protection is available under
this chapter to any mask work that was first commercially exploited
on or after July 1, 1983, and before the date of the enactment of
this chapter, if a claim of protection in the mask work is
registered in the Copyright Office before July 1, 1985, under
section 908.
(2) In the case of any mask work described in paragraph (1) that
is provided protection under this chapter, infringing semiconductor
chip product units manufactured before the date of the enactment of
this chapter may, without liability under sections 910 and 911, be
imported into or distributed in the United States, or both, until
two years after the date of registration of the mask work under
section 908, but only if the importer or distributor, as the case
may be, first pays or offers to pay the reasonable royalty referred
to in section 907(a)(2) to the mask work owner, on all such units
imported or distributed, or both, after the date of the enactment
of this chapter.
(3) In the event that a person imports or distributes infringing
semiconductor chip product units described in paragraph (2) of this
subsection without first paying or offering to pay the reasonable
royalty specified in such paragraph, or if the person refuses or
fails to make such payment, the mask work owner shall be entitled
to the relief provided in sections 910 and 911.
-SOURCE-
(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
3354.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of this chapter, referred to in text, is
the date of enactment of Pub. L. 98-620, which was approved Nov. 8,
1984.
« 17 USC Sec. 912 | Index | 17 USC Sec. 914 »
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