§ 913. — Transitional provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC913]
TITLE 17--COPYRIGHTS
CHAPTER 9--PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
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.
(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.
3354.)
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.
