(Reprinted with amendments adopted on April 18, 2003)

 

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

 

February 13, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Providing for certain civil actions and remedies related to intellectual property. (BDR 52‑366)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to intellectual property; providing for the protection of intellectual property by authorizing a civil action for the unauthorized use of the intellectual property; authorizing award for treble damages, attorney’s fees and costs in certain civil actions relating to marks; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1.  Chapter 597 is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  As used in sections 2 and 3 of this act, unless the

1-4  context otherwise requires, “intellectual property” means:

1-5  1.  A patent issued by the United States Patent and Trademark

1-6  Office.

1-7  2.  A copyright registered with the United States Copyright

1-8  Office.

1-9  3.  A copyright recognized by the common law.

1-10      Sec. 3.  1.  An owner of intellectual property has a right to

1-11  receive all economic benefits associated with the ownership of the

1-12  intellectual property. These rights include, without limitation, the

1-13  right to receive consideration for the use of the intellectual

1-14  property by another person.

2-1  2.  A person is liable for the intentional interference with the

2-2  prospective economic expectations of an owner of intellectual

2-3  property if the person intentionally uses the intellectual property

2-4  of another without the expressed authorization of the owner of the

2-5  intellectual property.

2-6  3.  An owner of intellectual property may proceed by suit to

2-7  recover for his lost economic expectations caused by the

2-8  unauthorized use of his intellectual property.

2-9  4.  A court of competent jurisdiction shall, upon finding a

2-10  defendant liable for the intentional interference with the

2-11  prospective economic expectations of an owner of intellectual

2-12  property, award to the owner of the intellectual property treble

2-13  damages on all profits derived from the intentional acts of the

2-14  defendant and treble damages on all damages suffered by reason

2-15  of those acts.

2-16      5.  In an action brought pursuant to this section, the court

2-17  may award costs and attorney’s fees to the prevailing party.

2-18      Sec. 4.  NRS 600.430 is hereby amended to read as follows:

2-19      600.430  1.  Any owner of a mark registered in this state may

2-20  proceed by suit to enjoin the manufacture, use, display or sale of

2-21  counterfeits or imitations of it . [and a]

2-22      2.  A court of competent jurisdiction may [grant] :

2-23      (a) Grant injunctions to restrain such manufacture, use, display

2-24  or sale as it deems just and reasonable under the circumstances [,

2-25  and may require the defendants] ;

2-26      (b) Require the defendant to pay to the owner all profits derived

2-27  from [his] the wrongful acts of the defendant and all damages

2-28  suffered by reason of these acts [. The court may also order] ;

2-29      (c) Require the defendant to pay to the owner treble damages

2-30  on all profits derived from the willful and wrongful acts of the

2-31  defendant and treble damages on all damages suffered by reason

2-32  of these acts; and

2-33      (d) Order that any counterfeits or imitations in the possession or

2-34  control of any defendant be delivered for destruction to an officer of

2-35  the court or to the complainant.

2-36      [2.] 3. In an action brought pursuant to this section, the court

2-37  may award costs and reasonable attorney’s fees to the prevailing

2-38  party.

2-39      4.  The enumeration of any right or remedy in this section does

2-40  not affect a registrant’s right to prosecute under any penal law of

2-41  this state.

 

2-42  H