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MO HB1022

Bill

Status

Introduced

4/1/2011

Primary Sponsor

Gerald Nolte

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Establishes that manufacturing articles or products using stolen or misappropriated information technology constitutes an unfair act if the use causes material competitive injury and proper notice and cure period are provided.

  • Requires written notice with specific details about the stolen technology, lawful owner, applicable law violated, and manner of use; provides 90-day cure period (extendable to 180 days if replacement efforts are diligent) before legal action can be brought.

  • Limits liability and remedies to the actual manufacturer; restricts injunctions and attachments to only the manufacturer's products; exempts copyrightable end products, copyright-protected merchandise, patent/trade secret claims, open-source software, and aiding/abetting conduct from application.

  • Allows the Attorney General or competing manufacturers who suffered economic harm (retail price of $20,000+) to sue for actual damages, statutory damages up to retail price of stolen technology, and up to treble damages if willful; permits damages against third parties under strict conditions with affirmative defenses available.

  • Provides multiple affirmative defenses for third parties including being end-consumers, having annual revenues under $50 million, maintaining codes of conduct with manufacturers, implementing audit practices, or lacking direct contractual relationships with violators.

Legislative Description

Specfies that any person who manufactures an article or a product while using stolen or misappropriated information technology will be deemed to engage in an unfair act under certain specified conditions

Last Action

Referred: International Trade and Job Creation (H)

4/12/2011

Committee Referrals

International Trade And Job Creation4/12/2011

Full Bill Text

No bill text available