ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. Chapter 597 is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in sections 2 and 3 of this act, unless the context otherwise requires, “intellectual property” means:
1. A patent issued by the United States Patent and Trademark Office.
2. A copyright registered with the United States Copyright Office.
3. A copyright recognized by the common law.
Sec. 3. 1. An owner of intellectual property has a right to receive all economic benefits associated with the ownership of the intellectual property. These rights include, without limitation, the right to receive consideration for the use of the intellectual property by another person.
2. A person is liable for the intentional interference with the prospective economic expectations of an owner of intellectual property if the person intentionally uses the intellectual property of another without the expressed authorization of the owner of the intellectual property.
3. An owner of intellectual property may proceed by suit to recover for his lost economic expectations caused by the unauthorized use of his intellectual property.
4. A court of competent jurisdiction shall, upon finding a defendant liable for the intentional interference with the prospective economic expectations of an owner of intellectual property, award to the owner of the intellectual property treble damages on all profits derived from the intentional acts of the defendant and treble damages on all damages suffered by reason of those acts.
5. In an action brought pursuant to this section, the court may award costs and attorney’s fees to the prevailing party.”.
Amend section 1, page 1, by deleting lines 4 through 9 and inserting:
“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”.
Amend section 1, page 1, line 13, by deleting “2.” and inserting “[2.] 3.”.
Amend section 1, page 2, line 1, by deleting “3.” and inserting “4.”.
Amend the title of the bill, first line, by deleting “marks;” and inserting:
“intellectual property; providing for the protection of intellectual property by authorizing a civil action for the unauthorized use of the intellectual property;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Providing for certain civil actions and remedies related to intellectual property. (BDR 52‑366)”.