§ 907. — Limitation on exclusive rights: innocent infringement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC907]
TITLE 17--COPYRIGHTS
CHAPTER 9--PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
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.
(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
3350.)
Section Referred to in Other Sections
This section is referred to in section 913 of this title.
