FREE BOOKS

Author's List




PREV.   NEXT  
|<   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226  
227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   >>   >|  
roof 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. Section 911. Civil actions [6] (a) Any court having jurisdiction of a civil action arising under this chapter may grant temporary restraining orders, preliminary injunctions, and permanent injunctions on such terms as the court may deem reasonable to prevent or restrain infringement of the exclusive rights in a mask work under this chapter. (b) Upon finding an infringer liable, to a person entitled under section 910(b)(1) to institute a civil action, for an infringement of any exclusive right under this chapter, the court shall award such person actual damages suffered by the person as a result of the infringement. The court shall also award such person the infringer's profits that are attributable to the infringement and are not taken into account in computing the award of actual damages. In establishing the infringer's profits, such person is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the mask work. (c) At any time before final judgment is rendered, a person entitled to institute a civil action for infringement may elect, instead of actual damages and profits as provided by subsection (b), an award of statutory damages for all infringements involved in the action, with respect to any one mask work for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in an amount not more than $250,000 as the court considers just. (d) An action for inf
PREV.   NEXT  
|<   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226  
227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   >>   >|  



Top keywords:

infringer

 

person

 
chapter
 

action

 

infringement

 

damages

 

articles

 
actual
 

violation

 

rights


liable

 

profits

 

exclusive

 
Treasury
 
Secretary
 

entitled

 

institute

 
injunctions
 

attributable

 

required


reasonable
 

section

 
result
 

involved

 

imported

 

computing

 

infringers

 

suffered

 

individually

 
account

jointly

 

considers

 

amount

 
severally
 

respect

 
subsection
 
provided
 

statutory

 

rendered

 
factors

profit

 
infringements
 
present
 

judgment

 

expenses

 

elements

 

deductible

 
revenue
 
establishing
 

seizure