Assembly Bill No. 81–Assemblymen Oceguera, Giunchigliani, Atkinson, Buckley, Claborn, Conklin, Horne and Pierce

 

CHAPTER..........

 

AN ACT relating to intellectual property; authorizing award for treble damages, attorney’s fees and costs in certain civil actions relating to marks; limiting the right of an employer to own certain intellectual property developed by an employee; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 600.430 is hereby amended to read as follows:

    600.430  1.  Any owner of a mark registered in this state may

proceed by suit to enjoin the manufacture, use, display or sale of

counterfeits or imitations of it . [and a]

    2.  A court of competent jurisdiction may [grant] :

    (a) Grant injunctions to restrain such manufacture, use, display

or sale as it deems just and reasonable under the circumstances [,

and may require the defendants] ;

    (b) Require the defendant to pay to the owner all profits derived

from [his] the wrongful acts of the defendant and all damages

suffered by reason of these acts [. The court may also order] ;

    (c) Require the defendant to pay to the owner treble damages

on all profits derived from the willful and wrongful acts of the

defendant and treble damages on all damages suffered by reason

of these acts; and

    (d) Order that any counterfeits or imitations in the possession or

control of any defendant be delivered for destruction to an officer of

the court or to the complainant.

    [2.] 3. In an action brought pursuant to this section, the

court may award costs and reasonable attorney’s fees to the

prevailing party.

    4.  The enumeration of any right or remedy in this section does

not affect a registrant’s right to prosecute under any penal law of

this state.

    Sec. 2.  NRS 600.500 is hereby amended to read as follows:

    600.500  Except as otherwise provided by express written

agreement, an employer is the sole owner of any patentable

invention or trade secret developed by his employee during the

course and scope of the employment that relates directly to work

performed during the course and scope of the employment.

 

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