(b) The amount of the royalty referred to in subsection (a)(2) shall be
determined by the court in a civil action for infringement unless the
parties resolve the issue by voluntary negotiation, mediation, or
binding arbitration.
(c) The immunity of an innocent purchaser from liability referred to in
subsection (a)(1) and the limitation of remedies with respect to an
innocent purchaser referred to in subsection (a)(2) shall extend to any
person who directly or indirectly purchases an infringing semiconductor
chip product from an innocent purchaser.
(d) The provisions of subsections (a), (b), and (c) apply only with
respect to those units of an infringing semiconductor chip product that
an innocent purchaser purchased before having notice of protection with
respect to the mask work embodied in the semiconductor chip product.
Section 908. Registration of claims of protection
(a) The owner of a mask work may apply to the Register of Copyrights for
registration of a claim of protection in a mask work. Protection of a
mask work under this chapter shall terminate if application for
registration of a claim of protection in the mask work is not made as
provided in this chapter within two years after the date on which the
mask work is first commercially exploited anywhere in the world.
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