17 USC 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.
Terms Used In 17 USC 907
- infringing semiconductor chip product: is a semiconductor chip product which is made, imported, or distributed in violation of the exclusive rights of the owner of a mask work under this chapter. See 17 USC 901
- innocent purchaser: is a person who purchases a semiconductor chip product in good faith and without having notice of protection with respect to the semiconductor chip product. See 17 USC 901
- mask work: is a series of related images, however fixed or encoded&mdash. See 17 USC 901
- notice of protection: means having actual knowledge that, or reasonable grounds to believe that, a mask work is protected under this chapter. See 17 USC 901
(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.