Page:United States Statutes at Large Volume 98 Part 3.djvu/978

 98 STAT. 3350

PUBLIC LAW 98-620—NOV. 8, 1984

"(c) All terms of protection provided in this section shall run to the end of the calendar year in which they would otherwise expire. 17 USC 905.

"§ 905. Exclusive rights in mask works "The owner of a mask work provided protection under this chapter has the exclusive rights to do and to authorize any of the following: "(1) to reproduce the mask work by optical, electronic, or any other means; "(2) to import or distribute a semiconductor chip product in which the mask work is embodied; and "(3) to induce or knowingly to cause another person to do any of the acts described in paragraphs (1) and (2).

17 USC 906.

"§ 906. Limitation on exclusive rights: reverse engineering; first sale "(a) Notwithstanding the provisions of section 905, it is not an infringement of the exclusive rights of the owner of a mask work for— "(1) a person to reproduce the mask work solely for the purpose of teaching, analyzing, or evaluating the concepts or techniques embodied in the mask work or the circuitry, logic flow, or organization of components used in the mask work; or "(2) a person who performs the analysis or evaluation described in paragraph (1) to incorporate the results of such conduct in an original mask work which is made to be distributed. "(b) Notwithstanding the provisions of section 905(2), the owner of a particular semiconductor chip product made by the owner of the mask work, or by any person authorized by the owner of the mask work, may import, distribute, or otherwise dispose of or use, but not reproduce, that particular semiconductor chip product without the authority of the owner of the mask work.

17 USC 907.

"§ 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.

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