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NC H672

Bill

Status

Introduced

4/5/2011

Primary Sponsor

Richard Glazier

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • Establishes that manufacturing articles or products using stolen or misappropriated information technology is an unfair trade practice under North Carolina law when the products are sold in the state and cause material competitive injury.

  • Requires manufacturers to receive written notice identifying the stolen technology, the lawful owner, the applicable violated law, and specific evidence before any action can be brought, with a 90-day cure period (extendable to 180 days if actively replacing the technology).

  • Allows the Attorney General or injured manufacturers to seek injunctions, actual damages, statutory damages equal to the retail price of stolen technology, and up to treble damages for willful violations; limits damages against third-party sellers to the lesser of the technology's retail price or $250,000.

  • Provides affirmative defenses for third parties who acquire products through contracts with codes of conduct, have annual revenues under $50 million, made good-faith compliance efforts, or received prior written assurances from manufacturers regarding lawful technology use.

  • Excludes copyrightable end products, FDA-regulated medical products, food and beverages, services, and cases involving patent infringement or open-source software licenses from the statute's application.

Legislative Description

Use of Misappropriated IT an Unfair Practice

Last Action

Ref To Com On Rules, Calendar, and Operations of the House

4/7/2011

Committee Referrals

Rules, Calendar, and Operations of the House4/7/2011

Full Bill Text

No bill text available