§ 75-143 – Abusive patent assertions.
75-143. Abusive patent assertions. (a) It is unlawful for a person to make a bad-faith assertion of patent infringement. A court may consider the following factors as evidence that a person has made a bad-faith assertion of patent infringement: (1) The demand does not contain all of the following information: a. The patent application number […]
§ 75-144 – Bond.
75-144. Bond. (a) Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad-faith assertion of patent infringement in violation of this Chapter, the court shall require the person to post a bond in an amount equal to a good-faith […]
§ 75-145 – Enforcement; remedies; damages.
75-145. Enforcement; remedies; damages. (a) The Attorney General shall have the same authority under this Article to make rules, conduct civil investigations, bring civil actions, and enter into assurances of discontinuance as provided under this Chapter. In an action brought by the Attorney General pursuant to this section, the court may award or impose any […]
§ 75-135 – Required disclosure.
75-135. Required disclosure. (a) Prior to charging or collecting any fee or compensation from a consumer for obtaining, providing, or monitoring the consumer’s credit report on behalf of the consumer, a credit monitoring service shall provide a clear and conspicuous written description of a consumer’s right to one free credit report per year pursuant to […]
§ 75-140 – Title.
75-140. Title. This Article shall be known and may be cited as the "Abusive Patent Assertions Act." (2014-110, s. 2.1.)
§ 75-141 – Purpose.
75-141. Purpose. (a) The General Assembly finds the following: (1) North Carolina is home to a growing high-technology, knowledge-based economy. With its top-tier research universities and active technology sector, North Carolina is poised to continue its growth. To continue growing, North Carolina must attract new, small, and mid-sized technology companies. Doing so will help provide […]
§ 75-142 – Definitions.
75-142. Definitions. The following definitions apply in this Article: (1) Affiliate. – A business establishment, business, or other legal entity that wholly or substantially owns, is wholly or substantially owned by, or is under common ownership with another entity. (2) Demand. – A letter, e-mail, or other communication asserting or claiming that a target has […]
§ 75-125 – Short title and definitions.
75-125. Short title and definitions. (a) Short Title. – This Article may be cited as the Truth in Music Advertising Act. (b) Definitions. – The following definitions apply in this Article: (1) Performing group. – A vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound […]
§ 75-126 – Production.
75-126. Production. No person shall advertise or conduct a live musical performance or production in this State through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group. This section does not apply if any of the following apply: (1) The performing group is the […]
§ 75-127 – Penalty.
75-127. Penalty. A person who violates G.S. 75-126 is liable to the State for a civil penalty of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000) per violation, which civil penalty shall be in addition to any other relief which may be granted under other applicable laws. Each performance […]