Summary: H.R.5525 — 98th Congress (1983-1984)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (06/11/1984)

(Measure passed House, amended, roll call #221 (388-0))

Semiconductor Chip Protection Act of 1984 - Extends sui generis protection to original mask works fixed in semiconductor chip products. Defines a mask work as the two- and three-dimensional features of shape, pattern, and configuration of the surface of the layers of a semiconductor chip product which portray the appearance of a product or convey information.

Requires as a condition of protection that: (1) the owner of the mask work be a resident or citizen of the United States or of a country which is party to a protection treaty to which the United States is also a party on the date the work is first commercially exploited or registered; (2) the work is first commercially exploited in the United States; or (3) the mask work comes within the scope of a presidential proclamation extending reciprocal protection to the works of foreign citizens or residents.

Vests exclusive rights in the mask work in the owner who may transfer, convey, or bequeath such interest. Recognizes the first registered transfer in case of a conflict.

Sets the protection term for mask works at ten years from date of registration or first commercial exploitation, whichever comes first.

Sets forth the exclusive rights of the owner of such a protection, including the right to: (1) reproduce the mask; (2) import or distribute a semiconductor chip product in which the mask work is embodied; and (3) cause another to perform such acts. Excludes from an owner's exclusive rights a mask work used for educational purposes or an innocent purchaser of a semiconductor chip product.

Protects works registered within two years of first commercial exploitation. Sets forth administrative procedures for the Register of Copyrights. Permits the owner of the mask work to place a notice of protection on such works which includes the words 'mask work' or M in a circle, the year the work was first fixed in a semiconductor chip product, and the name of the owner of the work.

Entitles the owner of a mask work whose protection has been infringed or whose registration of such work has been refused to institute a civil action.

Directs the Secretary of the Treasury and the U.S. Postal Service to issue regulations for the enforcement of the right to import mask works. Permits the impoundment and seizure of mask works imported in violation of the owner's exclusive rights.

Sets forth remedies for infringement, including temporary and permanent injunctive relief, actual damages, and the award of an infringer's profits to the owner.

Authorizes appropriations.