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Senate Bill 0529


Senate Bill 0529

ARCHIVE (2011)

Latest Information

 

DIGEST OF INTRODUCED BILL


Stolen or misappropriated information technology. Makes it an unfair practice for a person that manufactures a product while using stolen or misappropriated information technology in any part of the person's business operations to sell or offer for sale in Indiana the product, separately or as a component of another product, in competition with a product that was manufactured without the use of such stolen or misappropriated information technology. Provides that a person injured by the unfair practice may sue for relief after the owner of the stolen or misappropriated information technology provides notice and the person using the stolen or misappropriated information technology fails to cease using the stolen or misappropriated information technology by a certain period of time. Provides that a person that sues for relief may receive injunctive relief or recover damages. Provides that, if a court finds that a person has sold or offered for sale products in Indiana that were manufactured while using stolen or misappropriated information technology, there is a rebuttable presumption that the person who is injured by the unfair practice will suffer irreparable harm if the products continue to be sold or offered for sale in Indiana. Allows the court to order punitive damages if the unfair practice is willful. Requires a court to order costs and reasonable attorney's fees to the party that prevails in an action. Establishes a defense to an action if the aggregate retail value of the stolen or misappropriated information technology used is less than $10,000. Provides that a court may, if certain conditions apply, enjoin the sale or offering for sale in Indiana of any product that was sold or offered for sale in violation of law, including enjoining a third party
    Current Status:
     In Committee - first House
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