Bill Text: HI SB1099 | 2017 | Regular Session | Amended
Bill Title: Relating To Schools.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2017-03-24 - Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Aquino, DeCoite, Har, Ichiyama, C. Lee, Thielen excused (6). [SB1099 Detail]
Download: Hawaii-2017-SB1099-Amended.html
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THE SENATE |
S.B. NO. |
1099 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO SCHOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . mark licensing agreement program
§302A-A Definitions. As used in this part, "mark" means any trademark or service mark entitled to registration under chapter 482, whether registered or not.
§302A-B Mark licensing agreement program; established. (a) There is established within the department a mark licensing agreement program to allow the department and a department school to license the department's or department school's marks.
(b) The department may enter into licensing agreements pursuant to this part and subject to rules adopted under section 302A-E.
§302A-C Commercial enterprises. Notwithstanding any law to the contrary, the department may engage in commercial enterprises that are related and incidental to the primary purposes of the department as set forth in this chapter, including sponsorship of private, cultural, and athletic performances, sale of goods produced by or for department programs or an individual department school, or goods bearing a department or individual department school mark.
§302A-D Mark registration. The department may register with the department of commerce and consumer affairs any mark of the department or an individual department school.
§302A-E Administrative rules. The department may adopt rules pursuant to chapter 91 for the purposes of this part. Rules adopted pursuant to this section shall address at a minimum:
(1) An application process for a mark licensing agreement;
(2) Standards for potential licensees and selection criteria;
(3) The appropriateness and quality of proposed licensed products and uses;
(4) The assessment and collection of fees;
(5) The disposition of fees and royalties;
(6) An appeals process for an application for mark licensing that is denied; and
(7) A process to revoke or suspend a mark licensing agreement."
SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall take effect on July 1, 2051.
Report Title:
Mark Licensing Agreements; Department of Education
Description:
Establishes a mark licensing agreement program within the Department of Education. Authorizes the Department to register trademarks and service marks for department programs and individual department schools and enter into licensing agreements for their use. (SB1099 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
