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S. 1201

Semiconductor Chip Protection Act of 1984

(Measure passed House, amended, in lieu of H.R. 5525)

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 copyright 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.

House Incorporated H.R.5525 in This Measure as an Amendment.

Sen. Mathias, Charles McC., Jr. [R-MD](R-MD)Sponsor
26 cosponsors12 D14 R
26cosponsors1committees16actions1amendments3related bills6subjects
  1. FloorH34200

    House Incorporated H.R.5525 in This Measure as an Amendment.

  2. FloorH37100

    Passed House (Amended) by Voice Vote.

  3. Floor8000

    Passed/agreed to in House: Passed House (Amended) by Voice Vote.

  4. FloorH30000

    Called up by House by Unanimous Consent.

  5. Floor

    Passed Senate with an amendment by Voice Vote.

  6. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

  7. Floor

    Measure laid before Senate by unanimous consent.

  8. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 833.

  9. Committee

    Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. With written report No. 98-425.

    Judiciary Committee
  10. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. With written report No. 98-425.

    Judiciary Committee
  11. Committee

    Committee on Judiciary. Approved for reporting with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  12. Committee

    Subcommittee on Patents, Copyrights and Trademarks. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

    Intellectual Property Subcommittee
  13. Committee

    Subcommittee on Patents, Copyrights and Trademarks. Hearings held. Hearings printed: S.Hrg. 98-493.

    Intellectual Property Subcommittee
  14. Committee

    Referred to Subcommittee on Patents, Copyrights and Trademarks.

    Intellectual Property Subcommittee
  15. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  16. IntroReferral10000

    Introduced in Senate

Jun 11, 198436
(Measure passed House, amended, in lieu of H.R. 5525)

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 copyright 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.

May 16, 198435
(Measure passed Senate, amended)

Semiconductor Chip Protection Act of 1984 - Extends copyright protection to mask works. Defines a mask work as a series of related images: (1) having the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and (2) in which the relation of the images to one another is that each image has the pattern of the surface of one form of the chip product.

Excludes masks and mask works from the pictorial, graphic, or sculptural works categories.

Sets forth the exclusive rights the owner of such a copyright holds, including the right to: (1) embody the mask work in a mask (a two-dimensional partially transparent and opaque sheet); (2) distribute a mask embodying the mask work; (3) embody such work in a semiconductor chip product; and (4) manufacture and distribute semiconductor chip products incorporating such masks.

Sets forth limitations on such exclusive rights, including reverse engineering for educational purposes.

Sets the copyright term for masks at ten years from first authorized distribution, use, or manufacture.

Excludes an innocent purchaser of a semiconductor chip product from infringement liability. Limits a copyright owners remedy against an innocent purchaser who has notice of an infringement to a reasonable royalty after such notice if certain conditions are met.

Permits the impoundment and seizure of masks made or used in violation of the copyright owner's exclusive rights.

May 2, 198401
(Reported to Senate from the Committee on the Judiciary with amendment,S.Rept.98-425)

Semiconductor Chip Protection Act of 1984 - Extends copyright protection to mask works. Defines a mask work as a series of related images: (1) having the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and (2) in which the relation of the images to one another is that each image has the pattern of the surface of one form of the chip product.

Excludes masks and mask works from the pictorial, graphic, or sculptural works categories.

Sets forth the exclusive rights the owner of such a copyright holds, including the right to: (1) embody the mask work in a mask (a two-dimensional partially transparent and opaque sheet); (2) distribute a mask embodying the mask work; (3) embody such work in a semiconductor chip product; and (4) manufacture and distribute semiconductor chip products incorporating such masks.

Sets forth limitations on such exclusive rights, including reverse engineering for educational purposes.

Sets the copyright term for masks at ten years from first authorized distribution, use, or manufacture.

Excludes an innocent purchaser of a semiconductor chip product from infringement liability. Limits a copyright owners remedy against an innocent purchaser who has notice of an infringement to a reasonable royalty after such notice if certain conditions are met.

Permits the impoundment and seizure of masks made or used in violation of the copyright owner's exclusive rights.

May 4, 198300

Semiconductor Chip Protection Act of 1983 - Extends copyright protection to mask works. Defines a mask work as a series of related images: (1) having the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and (2) in which the relation of the images to one another is that each image has the pattern of the surface of one form of the chip product.

Excludes masks and mask works from the pictorial, graphic, or sculptural works categories.

Sets forth the exclusive rights the owner of copyright holds, including the right to: (1) embody the mask work in a mask, a two- dimensional partially transparent and opaque sheet; (2) distribute a mask embodying the mask work; (3) reproduce such work on material intended to be part of the semiconductor chip product; and (4) manufacture and distribute semiconductor chip products incorporating such masks.

Sets forth limitations on such exclusive rights, including compulsory licensing, as specified.

Sets the copyright term for masks at ten years from first authorized distribution, use, or manufacture.

Excludes an innocent purchaser in good faith of a semiconductor chip product from infringement liability.

Permits the impoundment and seizure of masks made or used in violation of the copyright owner's exclusive rights.