§ 910. — Enforcement of exclusive rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC910]
TITLE 17--COPYRIGHTS
CHAPTER 9--PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
Sec. 910. Enforcement of exclusive rights
(a) Except as otherwise provided in this chapter, any person who
violates any of the exclusive rights of the owner of a mask work under
this chapter, by conduct in or affecting commerce, shall be liable as an
infringer of such rights. As used in this subsection, the term ``any
person'' includes any State, any instrumentality of a State, and any
officer or employee of a State or instrumentality of a State acting in
his or her official capacity. Any State, and any such instrumentality,
officer, or employee, shall be subject to the provisions of this chapter
in the same manner and to the same extent as any nongovernmental entity.
(b)(1) The owner of a mask work protected under this chapter, or the
exclusive licensee of all rights under this chapter with respect to the
mask work, shall, after a certificate of registration of a claim of
protection in that mask work has been issued under section 908, be
entitled to institute a civil action for any infringement with respect
to the mask work which is committed after the commencement of protection
of the mask work under section 904(a).
(2) In any case in which an application for registration of a claim
of protection in a mask work and the required deposit of identifying
material and fee have been received in the Copyright Office in proper
form and registration of the mask work has been refused, the applicant
is entitled to institute a civil action for infringement under this
chapter with respect to the mask work if notice of the action, together
with a copy of the complaint, is served on the Register of Copyrights,
in accordance with the Federal Rules of Civil Procedure. The Register
may, at his or her option, become a party to the action with respect to
the issue of whether the claim of protection is eligible for
registration by entering an appearance within sixty days after such
service, but the failure of the Register to become a party to the action
shall not deprive the court of jurisdiction to determine that issue.
(c)(1) The Secretary of the Treasury and the United States Postal
Service shall separately or jointly issue regulations for the
enforcement of the rights set forth in section 905 with respect to
importation. These regulations may require, as a condition for the
exclusion of articles from the United States, that the person seeking
exclusion take any one or more of the following actions:
(A) Obtain a court order enjoining, or an order of the
International Trade Commission under section 337 of the Tariff Act
of 1930 excluding, importation of the articles.
(B) Furnish proof that the mask work involved is protected under
this chapter and that the importation of the articles would infringe
the rights in the mask work under this chapter.
(C) Post a surety bond for any injury that may result if the
detention or exclusion of the articles proves to be unjustified.
(2) Articles imported in violation of the rights set forth in
section 905 are subject to seizure and forfeiture in the same manner as
property imported in violation of the customs laws. Any such forfeited
articles shall be destroyed as directed by the Secretary of the Treasury
or the court, as the case may be, except that the articles may be
returned to the country of export whenever it is shown to the
satisfaction of the Secretary of the Treasury that the importer had no
reasonable grounds for believing that his or her acts constituted a
violation of the law.
(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat. 3352;
amended Pub. L. 101-553, Sec. 2(b)(1), Nov. 15, 1990, 104 Stat. 2750;
Pub. L. 105-80, Sec. 12(a)(23), Nov. 13, 1997, 111 Stat. 1535.)
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (b)(2),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Section 337 of the Tariff Act of 1930, referred to in subsec.
(c)(1)(A), is classified to section 1337 of Title 19, Customs Duties.
The customs laws, referred to in subsec. (c)(2), are classified
generally to Title 19.
Amendments
1997--Subsec. (a). Pub. L. 105-80 substituted ``As used'' for ``as
used'' in second sentence.
1990--Subsec. (a). Pub. L. 101-553 inserted sentences at end
defining ``any person'' and providing that any State and any
instrumentality, officer, or employee be subject to the provisions of
this chapter in the same manner and to the same extent as any
nongovernmental entity.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-553 effective with respect to violations
that occur on or after Nov. 15, 1990, see section 3 of Pub. L. 101-553,
set out as a note under section 501 of this title.
Section Referred to in Other Sections
This section is referred to in sections 908, 911, 913 of this title.
