Section 11-1605 – Civil Actions
(a) In addition to any action by the Division or Attorney General authorized by Title 13 of this article, a target may bring an action in an appropriate court to recover for injury or loss sustained as a result of a violation of this subtitle. (b) If a target prevails in an action brought under this subtitle […]
Section 11-1302 – Applicability of Subtitle
(a) This subtitle applies to any agreement under which a grantor’s commercial goods are distributed or sold in this State. (b) Notwithstanding any other provision of this subtitle, this subtitle does not apply to: (1) A seller of business opportunities regulated under the Maryland Business Opportunity Sales Act, Title 14, Subtitle 1 of the Business Regulation Article; (2) A […]
Section 11-1601 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Claim” means the scope of the patent owner’s exclusive rights to the use and control of the patent owner’s invention. (c) “Demand letter” means a letter, an electronic mail, or any other written communication asserting that a person has engaged in patent infringement. (d) “Division” means the […]
Section 11-1302.1 – Grantor’s Notification of Distributor’s Failure to Comply
In addition to any other provision of this subtitle, when notifying a distributor of a proposed cancellation or nonrenewal of any agreement, a grantor shall provide a notice of the distributor’s failure to comply with a reasonable requirement of the agreement and an opportunity to cure or dispute the asserted deficiency.
Section 11-1602 – Applicability
This subtitle does not apply to an assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. § 271(e)(2) or 42 U.S.C. § 262.
Section 11-1303 – Grantor’s Notification to Distributor; Requirements; Alteration of Terms; Compliance
(a) Except as provided in subsections (d) and (e) of this section, a grantor shall notify a distributor not less than 60 days before: (1) The proposed date of cancellation of an agreement that has not expired according to its terms; or (2) For agreements that contemplate renewal options exercisable by either party, the expiration date of an […]
Section 11-1603 – Prohibited Acts
(a) A person may not make an assertion of patent infringement against another in bad faith. (b) (1) A court may consider the following factors as evidence that a person has made an assertion of patent infringement in bad faith: (i) The demand letter sent by the person does not contain: 1. The alleged patent number; 2. The name and address […]
Section 11-1304 – Right of Repurchase; Time Requirements; Applicability Exceptions
(a) Except as provided in subsection (c) of this section, on cancellation or nonrenewal of an agreement by a grantor for any reason, including a distributor’s failure to cure under § 11-1305 of this subtitle, the grantor shall have the right to, and must at the option of the distributor, repurchase all merchandise sold by the […]
Section 11-1604 – Authority of Attorney General and Division
The Attorney General and the Division shall have the same authority under this subtitle to adopt regulations, conduct investigations, and bring civil and criminal actions as provided in Title 13 of this article.
Section 11-1305 – Deficiencies in Notice; Plan for Correction; Cure
(a) If the grantor identified deficiencies on the part of the distributor in the notice under § 11-1303(b)(2)(ii) of this subtitle and if a distributor opposes the cancellation or nonrenewal of an agreement, the distributor shall be permitted to attempt to resolve its differences with the grantor by: (1) Within 30 days after the receipt of the […]