Bill Text: NY S09025 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 9025 (Prior Session Legislation)

Introduced

Bill Title: Proves that it is a deceptive act in the conduct of any business, trade or commerce to threaten civil litigation, where such threat relates to an alleged violation of intellectual property rights unless the person so threatened makes a payment of money.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-14 - REFERRED TO RULES [S09025 Detail]

Download: New_York-2017-S09025-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          9025
                    IN SENATE
                                      June 14, 2018
                                       ___________
        Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the general business law, in relation to deceptive  acts
          and practices in the conduct of any business, trade or commerce
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 349 of the  general  business  law  is  amended  by
     2  adding a new subdivision (k) to read as follows:
     3    (k)  For  purposes of this article, in addition to any other deceptive
     4  act or practice determined by law, it shall also constitute a  deceptive
     5  act  or  practice in the conduct of any business, trade or commerce, for
     6  any person, firm, corporation or association or agent or employee there-
     7  of, to make an unsolicited threat concerning  an  alleged  violation  of
     8  intellectual property rights.
     9    (1) For purposes of this subdivision, an unsolicited threat concerning
    10  an alleged violation of intellectual property rights shall consist of:
    11    (i)  threatening  civil  litigation,  where  such threat relates to an
    12  alleged violation of intellectual property rights, unless the  party  so
    13  threatened  makes  a  payment of money to a person, firm, corporation or
    14  association or agent or employee thereof, by a date certain; or
    15    (ii) demanding payment from a person by a  date  certain,  where  such
    16  demand  relates to an alleged violation of intellectual property rights,
    17  unless the person so demanded  makes  a  payment  of  money  by  a  date
    18  certain,  and  that  unless such initial demanded payment is made by the
    19  demandee by such date certain, then such demanded payment will  increase
    20  to a higher demanded amount after such date certain.
    21    (2)  This subdivision shall not apply to an attorney licensed to prac-
    22  tice law before the courts of the state of New York, and/or licensed  to
    23  practice  intellectual  property  law  before  the federal courts of the
    24  United States, where such attorney has been duly retained  and  employed
    25  by  the registered holder of intellectual property rights, in accordance
    26  with federal law, and is making  such  demand  consistent  with  ethical
    27  guidelines  governing  the  conduct  of attorneys, in the course of such
    28  attorney's representation of such registered holder, during a non frivo-
    29  lous dispute for an alleged violation of such registered holder's intel-
    30  lectual property rights.
    31    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16187-02-8