Maine Revised Statutes Title 10: commerce and trade table of Contents Part general provisions 8
§1527-A. POWERS OF THE SECRETARY OF STATE
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| §1527-A. POWERS OF THE SECRETARY OF STATE
The Secretary of State has the power and authority reasonably necessary to administer this chapter efficiently and to perform the duties imposed upon the secretary. These powers include, without limitation: [1991, c. 465, §12 (NEW).] 1. Rulemaking. The power to make rules not inconsistent with this chapter; [ 1991, c. 465, §12 (NEW) .] 2. Forms; required. The power to prescribe forms for all documents required or permitted to be filed with the Secretary of State and to refuse to file documents not utilizing the prescribed forms to the extent possible; and [ 1991, c. 465, §12 (NEW) .] 3. Refuse filing of documents. The power to refuse to file any document that is not clearly legible or may not be clearly reproducible photographically. [ 1991, c. 465, §12 (NEW) .] SECTION HISTORY 1991, c. 465, §12 (NEW). §1527-B. EXPEDITED SERVICE The Secretary of State may provide an expedited service for the processing of documents in accordance with this chapter. If the service is provided, the Secretary of State shall establish by rule a fee schedule and governing procedures in accordance with the Maine Administrative Procedure Act. All fees collected as provided by this section must be deposited into a fund for use by the Secretary of State in providing an improved filing service. [1991, c. 465, §12 (NEW).] SECTION HISTORY 1991, c. 465, §12 (NEW). §1527-C. ACCESS TO SECRETARY OF STATE'S DATABASE The Secretary of State may provide public access to the database of the Department of the Secretary of State through a dial-in modem, public terminals and electronic duplicates of the database. If access to the database is provided to the public, the Secretary of State may promulgate rules in accordance with the Maine Administrative Procedure Act to establish a fee schedule and governing procedures. [1991, c. 465, §12 (NEW).] SECTION HISTORY 1991, c. 465, §12 (NEW). §1527-D. PUBLICATIONS 1. Informational publications. The Secretary of State may establish by rule in accordance with the Maine Administrative Procedure Act a fee schedule to cover the cost of printing and distribution of publications and to set forth the procedures for the sale of these publications. [ 1991, c. 465, §12 (NEW) .] 2. Fund; fees deposited. All fees collected pursuant to this section must be deposited in a fund for use by the Secretary of State for the purpose of replacing and updating publications offered in accordance with this chapter and for funding new publications. [ 1991, c. 465, §12 (NEW) .] SECTION HISTORY 1991, c. 465, §12 (NEW). §1528. FRAUDULENT REGISTRATION Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under this chapter, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of the filing or registration, to be recovered by or on behalf of the party injured in any court of competent jurisdiction. [1979, c. 572, §2 (NEW).] SECTION HISTORY 1979, c. 572, §2 (NEW). §1529. INFRINGEMENT Subject to section 1532, any person who shall: [1979, c. 572, §2 (NEW).] 1. Use without consent of copy of a registered mark in connection with sale of goods or services. Use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter in connection with the sale, offering for sale or advertising of any goods or services on or in connection with which use is likely to cause confusion or mistake to deceive as to the source of origin of the goods or services; or [ 1979, c. 572, §2 (NEW) .] 2. Reproduce and apply a mark in conjunction with sale of goods or services. Reproduce, counterfeit, copy or colorably imitate any mark and apply the reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used upon or in conjunction with the sale or other distribution in this State of the goods or services; shall be liable to a civil action by the owner of the registered mark for any or all of the remedies provided in section 1531, except that under subsection 2 the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive. [ 1979, c. 572, §2 (NEW) .] SECTION HISTORY 1979, c. 572, §2 (NEW).
Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law, or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services. [1979, c. 572, §2 (NEW).] SECTION HISTORY 1979, c. 572, §2 (NEW). §1531. REMEDIES 1. Generally. Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations and the Superior Court may grant injunctions to restrain the manufacture, use, display or sale as may be by the court deemed just and reasonable and may require the defendants to pay to the owner all profits derived from and all damages suffered by reason of the wrongful manufacture, use, display or sale and the court may also order that any counterfeits or imitations in the possession or under the control of any defendant in the case, be delivered to an officer of the court or to the complainant to be destroyed. [ 1979, c. 572, §2 (NEW) .] 2. Statutory damages. The owner of the mark may elect, at any time before final judgment is rendered, to recover instead of actual damages or profits an award of statutory damages with respect to any one mark for which any one defendant is liable individually or for which any 2 or more defendants are liable jointly and severally in an amount not to exceed $2,000. [ 1979, c. 572, §2 (NEW) .] 3. Attorney's fees and costs. The Superior Court shall award the prevailing party costs and, in exceptional cases only, may award the prevailing party reasonable attorney's fees. [ 1991, c. 2, §33 (COR) .] 4. Criminal prosecution. The enumeration of any right or remedy shall not affect a registrant's right to prosecute under any penal law of this State. [ 1979, c. 572, §2 (NEW) .] SECTION HISTORY 1979, c. 572, §2 (NEW). RR 1991, c. 2, §33 (COR). §1532. COMMON LAW RIGHTS Nothing in this chapter shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at common law at any time before or after the enactment of this chapter. [1979, c. 572, §2 (NEW).] SECTION HISTORY 1979, c. 572, §2 (NEW). Chapter 302: UNIFORM TRADE SECRETS ACT
This Act shall be known and may be cited as the "Uniform Trade Secrets Act." [1987, c. 143, (NEW).] SECTION HISTORY 1987, c. 143, (NEW). §1542. DEFINITIONS As used in this Act, unless the context otherwise indicates, the following terms have the following meanings. [1987, c. 143, (NEW).] 1. Improper means. "Improper means" means theft, bribery, misrepresentation, breach or inducement of a breach of duty to maintain secrecy or espionage through electronic or other means. [ 1987, c. 143, (NEW) .] 2. Misappropriation. "Misappropriation" means: A. Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or [1987, c. 143, (NEW).] B. Disclosure or use of a trade secret of another without express or implied consent by a person who: (1) Used improper means to acquire knowledge of the trade secret; (2) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: (i) Derived from or through a person who had utilized improper means to acquire it; (ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (3) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. [1987, c. 143, (NEW).]
[ 1987, c. 143, (NEW) .] 4. Trade secret. "Trade secret" means information, including, but not limited to, a formula, pattern, compilation, program, device, method, technique or process, that: A. Derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and [1987, c. 143, (NEW).] B. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. [1987, c. 143, (NEW).] [ 1987, c. 143, (NEW) .] SECTION HISTORY 1987, c. 143, (NEW). 1987, c. 143, (NEW). §1543. INJUNCTIVE RELIEF 1. Misappropriation restrained or enjoined. Actual or threatened misappropriation may be restrained or enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation. [ 1987, c. 143, (NEW) .] 2. Exceptional circumstances. In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. A. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. [1987, c. 143, (NEW).] [ 1987, c. 143, (NEW) .]
[ 1987, c. 143, (NEW) .] 4. Application. This section applies to all forms of injunctive relief, including temporary restraining orders, preliminary injunctions and permanent injunctions. [ 1987, c. 143, (NEW) .] SECTION HISTORY 1987, c. 143, (NEW). §1544. DAMAGES Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. [1987, c. 143, (NEW).] 1. Measurement of damages. Damages may include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret. [ 1987, c. 143, (NEW) .] 2. Willful, malicious misappropriation. If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not to exceed twice any award made under subsection 1. [ 1987, c. 143, (NEW) .] SECTION HISTORY 1987, c. 143, (NEW). §1545. ATTORNEYS FEES If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith or willful and malicious misappropriation exists, the court may award reasonable attorneys fees to the prevailing party. [1987, c. 143, (NEW).] SECTION HISTORY 1987, c. 143, (NEW). §1546. PRESERVATION OF SECRECY In an action under this Act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. [1987, c. 143, (NEW).] SECTION HISTORY 1987, c. 143, (NEW). §1547. STATUTE OF LIMITATIONS An action for misappropriation must be brought within 4 years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim. [1987, c. 143, (NEW).] SECTION HISTORY 1987, c. 143, (NEW). §1548. EFFECT ON OTHER LAWS 1. No effect. Except as provided in this section, this Act displaces conflicting tort, restitutionary and other laws of this State providing civil remedies for misappropriation of a trade secret. This Act does not affect: A. Contractual remedies, whether or not based upon misappropriation of a trade secret; [1987, c. 143, (NEW).] B. Other civil remedies that are not based upon misappropriation of a trade secret; [1987, c. 143, (NEW).] C. Criminal remedies, whether or not based upon misappropriation of a trade secret; [1987, c. 143, (NEW).] D. The duty of any person to disclose information where expressly required by law; or [1987, c. 143, (NEW).] E. The provisions of the Maine Tort Claims Act, Title 14, chapter 741. [1987, c. 143, (NEW).] [ 1987, c. 143, (NEW) .] SECTION HISTORY 1987, c. 143, (NEW). Chapter 303: MILK §1551. FILING AND PUBLISHING DESCRIPTION OF NAME AND DEVICES (REPEALED) SECTION HISTORY 1979, c. 572, §4 (RP).
SECTION HISTORY 1979, c. 572, §4 (RP).
SECTION HISTORY 1979, c. 572, §4 (RP).
SECTION HISTORY 1979, c. 572, §4 (RP).
SECTION HISTORY 1965, c. 431, §1 (RP). Chapter 305: POTATOES §1601. TRADEMARKS In order to better carry out the objectives of the Potato Tax Law, the Maine Potato Commission may develop and register trademarks. The Commissioner of Agriculture, Conservation and Forestry may delegate to the Maine Potato Commission the authority to regulate the use of the State of Maine trademark when used in packaging potatoes, both fresh and processed. [2009, c. 2, §19 (COR); 2011, c. 657, Pt. W, §6 (REV).] SECTION HISTORY RR 2009, c. 2, §19 (COR). 2011, c. 657, Pt. W, §6 (REV). §1602. LICENSES 1. Unlawful use of trademark. After establishment by rules adopted in a manner consistent with the Maine Administrative Procedure Act of a trademark by the commission, a person may not use the trademark without first securing a permit or license from the Maine Potato Commission. [ 2003, c. 452, Pt. E, §1 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .] 2. Penalty. The following penalties apply to violations of this section. A. A person who violates this section commits a civil violation for which a fine of not more that $50 may be adjudged. [2003, c. 452, Pt. E, §1 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] B. A person who violates this section after having previously violated this section commits a civil violation for which a fine of not more than $200 may be adjudged. [2003, c. 452, Pt. E, §1 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] [ 2003, c. 452, Pt. E, §1 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .] 3. Additional remedies. The Maine Potato Commission or a duly authorized representative may recover penalties imposed for violation of this section in a civil action brought in the name of the commission, and if it prevails in such action may recover full costs; or the commission may prosecute for violations of this section by complaint or indictment. The District Court and the Superior Court have concurrent jurisdiction of actions brought for the recovery of penalties imposed by this section and of prosecutions for violations thereof. [ 2003, c. 452, Pt. E, §1 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .] SECTION HISTORY 1977, c. 694, §166 (AMD). 2003, c. 452, §X2 (AFF). 2003, c. 452, §E1 (RPR). §1603. PRICE The Maine Potato Commission shall have the authority to set prices on trademarked potatoes sold by licensed shippers or processors. §1604. BUYING AND SELLING In order to promote the prosperity of this State and of the potato industry by fostering and promoting better methods of production, processing, merchandising and advertising, the Maine Potato Commission shall have the authority to buy and sell potatoes or processed potato products. §1605. RULES AND REGULATIONS; CONTRACT The Maine Potato Commission may prescribe rules and regulations for carrying out the purposes of this chapter, and may issue licenses to shippers or processors who shall enter into a contract with the commission and agree to abide by the rules and regulations. The commission may charge a fee on a per package or per hundred-weight basis for the use of trademarks established by the commission or of the State of Maine trademark used on potatoes, fresh or processed. The commission shall reserve the right to cancel any license for failure to abide by the rules and regulations of the commission, or for breach of the terms of any contract entered into with the commission; and the commission shall have the right to cancel all outstanding licenses at any time that the commission deems such action necessary to the best interest of the potato industry as a whole. The commission shall have the right to grant an exclusive license for the use of such trademarks to a single co-operative which shall, by contract with the commission, be empowered to issue licenses to shippers and processors on such terms and conditions as the commission may require. §1606. ENFORCEMENT; JURISDICTION (REPEALED) SECTION HISTORY 2003, c. 452, §X2 (AFF). 2003, c. 452, §E2 (RP). Chapter 307: OILS §1651. DESCRIPTION OF MARKS FILED All persons or corporations engaged in the sale of kerosene, refined petroleum, gasoline or other burning or illuminating oils or fluids, in cans of a capacity of not less than 5 gallons, with their names or other marks or devices branded, stamped, engraved, etched, impressed or otherwise produced upon such cans or anything connected therewith or appertaining thereto, may file in the office of the town or city clerk, in which their principal place of business is situated, a description of the names and marks used by them, and cause the same to be published once a week for 3 successive weeks in any newspaper of general circulation in the county in which the notice may have been filed. [1987, c. 667, §5 (AMD).] SECTION HISTORY 1987, c. 667, §5 (AMD). §1652. REGULATION OF SALE OF CERTAIN OILS No person may sell or keep for sale, except for remanufacture or as provided, kerosene, range oil, fuel oil or other burning oil for illuminating, heating or cooking purposes which will flash at a temperature of less than 100° Fahrenheit, to be ascertained by the application of any standard approved closed cup tester. Nothing contained in this section may prohibit the sale or keeping for sale of gasoline or naphtha as such for fuel or illuminating purposes. [1983, c. 106, (AMD).] SECTION HISTORY 1979, c. 541, §A94 (AMD). 1983, c. 106, (AMD). §1652-A. PROHIBITION OF NONDEGRADABLE PLASTIC CARRIERS ON LUBRICATING OIL CONTAINERS (REPEALED) SECTION HISTORY 1987, c. 373, §§3,5 (NEW). 1993, c. 341, §5 (RP).
All oils sold under the names of sperm, summer, fall and winter oils are deemed to be sold for pure sperm oil, the test of which is Southworth's oleometer. Whoever sells under said names any oils which are adulterated by the mixture of an inferior article, without disclosing the full extent of adulteration to the purchaser, forfeits to the prosecutor $15 for each offense. The oil so sold shall be deemed whale oil, and the seller is liable to the purchaser for the difference between pure sperm oil and whale oil, to be recovered in a civil action. §1654. DECEPTION; ADULTERATION OR MISBRANDING It shall be unlawful for any person, firm or corporation within this State to store, sell, distribute, transport, expose for sale or offer for sale, distribution or transportation any internal combustion engine fuels, lubricating oils or other similar products in any manner whatsoever so as to deceive or tend to deceive the purchaser as to the nature, quality, price and identity of the product so sold or offered for sale or which is adulterated or misbranded within the meaning of this chapter. §1655. DESCRIPTION OF CONTENTS; IDENTITY OF MANUFACTURER OR DISTRIBUTOR It is unlawful for a person, firm or corporation to store, keep, expose for sale, offer for sale or sell from any tank or container or from any pump or other distributing device or equipment any internal combustion engine fuels, lubricating oils or other similar products than those indicated by the name, trade name, symbol, sign or other distinguishing mark or device of the manufacturer or distributor appearing upon the tank, container, pump or other distributing equipment from which the same are sold, offered for sale or distributed, and all tanks, containers, pumps or other distributing equipment containing internal combustion engine fuels, lubricating oils or other similar products must be plainly designated by the name, trademark, symbol, sign or other distinguishing mark or device of the manufacturer or distributor. [2009, c. 434, §3 (AMD).] SECTION HISTORY 2009, c. 434, §3 (AMD). §1656. TRADE NAMES NOT IMITATED It shall be unlawful for any person, firm or corporation to disguise or camouflage his or their own equipment by imitating the design, symbol or trade name of the equipment under which recognized brands of internal combustion engine fuels, lubricating oils and similar products are generally marketed. §1657. TRADE NAME OILS OR FUELS NOT TO BE MIXED OR ADULTERATED It shall be unlawful for any person, firm or corporation to expose for sale, offer for sale or sell under any trademark or trade name in general use any internal combustion engine fuels, lubricating oils or other like products except those manufactured or distributed by the manufacturer or distributor marketing internal combustion engine fuels, lubricating oils or other like products under such trademark or trade name, or to substitute, mix or adulterate the internal combustion engine fuels, lubricating oils or other similar products sold, offered for sale or distributed under such trademark or trade name. §1658. FILLING MARKED TANK WITH OTHER FUEL OR OIL FORBIDDEN It shall be unlawful for any person, firm or corporation to aid or assist any other person, firm or corporation in the violation of this chapter by depositing or delivering into any tank, receptacle or other container any other internal combustion engine, fuels, lubricating oils or like products than those intended to be stored therein and distributed therefrom as indicated by the name of the manufacturer or distributor, or the trademark or trade name of the product displayed on the container itself, or on the pump or other distributing device used in connection therewith. §1658-A. MARKING AND FILLING CONTAINERS OWNED BY OTHERS 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Liquefied petroleum gas" means any material that is composed predominantly of any of the following hydrocarbons or mixtures of those hydrocarbons: propane, propylene, normal butane, isobutane and butylenes. [1991, c. 770, §1 (NEW).] B. "Owner" means any person who holds title to a liquefied petroleum gas container. [1991, c. 770, §1 (NEW).] [ 1991, c. 770, §1 (NEW) .] 2. Unlawful use of containers. No person except the owner, or a person authorized in writing by the owner to do so, may fill or refill a liquefied petroleum gas container with a liquefied petroleum gas or any other gas or substance. [ 1991, c. 770, §1 (NEW) .] SECTION HISTORY 1991, c. 770, §1 (NEW). §1659. INTERNAL COMBUSTION ENGINE FUEL DEFINED; EXPENSES For the purposes of this chapter, the term "internal combustion engine fuel" shall mean motor fuel, commonly called and known as gasoline, benzol or other product to be used in the operation of an internal combustion engine. The term "misbranded" shall apply to all internal combustion engine fuel, the package, label, pump, tank or container of which shall bear any statement, design or device regarding such article or the ingredient or substance contained therein which shall be false or misleading in any particular or which is falsely branded in any particular. Gasoline shall be held to be "adulterated":
The methods of testing to be used shall be those in general use in the petroleum refining industry. §1660. ENFORCEMENT The Director of the Maine Agricultural Experiment Station shall analyze or cause to be analyzed such samples of internal combustion engine fuels, lubricating oils and other like products at such time and to such extent as the Attorney General may determine. The Attorney General shall enforce this chapter and for that purpose shall have full access at all reasonable hours to any place in which internal combustion engine fuels, lubricating oils and other like products are stored, transported, sold, offered or exposed for sale. The Attorney General may open any case, package or other container, tank, pump, tank car or storage tank and enter upon any barge, vessel or other vehicle of transportation and may, upon tendering the market price, take samples for analysis. The expense of such analysis and of the administration of this chapter shall be included in the expense of the administration of the tax on gasoline. [1979, c. 407, §2 (AMD).] SECTION HISTORY 1979, c. 407, §2 (AMD). §1661. DECEPTION AS TO PRICE PROHIBITED Every retail dealer in internal combustion engine fuel advertising the price of such engine fuel on any sign shall include in the price shown on such sign all taxes imposed with respect to the manufacture or sale of the motor fuel offered for sale, and every such sign shall either contain a statement of the taxes included in said price, or, without specifying the amount thereof, shall state that such taxes are included in said price. All figures, including fractions, upon said signs, other than figures and fractions used in any price computing mechanism constituting a part of any pump or dispensing device, shall be of the same size. §1661-A. GASOLINE STATIONS TO PROVIDE SERVICES FOR HANDICAPPED DRIVERS Every full-service gasoline station offering self-service pumping at a lesser cost shall require an attendant employed by the station to dispense gasoline to any motor vehicle properly displaying a handicapped placard or special designating plates issued under Title 29-A, section 521, when the person to whom the placard or plates have been issued is the operator of the vehicle, the service is requested, the operator has a driver's license designated with a code S, restricted to special equipment, and there is no nonhandicapped adult in the motor vehicle. [1995, c. 645, Pt. A, §1 (AMD).] SECTION HISTORY 1987, c. 615, (NEW). 1987, c. 718, (NEW). 1989, c. 83, §1 (RPR). 1995, c. 65, §A23 (AMD). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 645, §A1 (AMD). §1661-B. REQUIREMENT FOR GASOLINE STATIONS TO POST PRICES OF FUELS SOLD 1. Posting required. A retail seller of fuel to be used by vehicles on public highways shall make clearly visible on each pump the price of the fuel available at that pump, either by posting a sign of no less than 64 square inches or by a price reading, digital or analog, built into the pump that must reflect the actual price of the fuel pumped. The pump must have a sign of no less than 64 square inches on it if either the price on the pump differs from the price posted on the roadside sign due to a difference in grade of fuel or service or the retailer does not have a roadside sign. On multi-grade pumps, the posted price must be for the lowest priced unleaded regular gasoline. The posting must indicate the difference in price for full-service, mini-service and self-service if more than one grade of service is available at that pump. [ 2007, c. 86, §1 (AMD) .] 2. Penalties. The following penalties apply to violations of this section. A. A person, firm, partnership or corporation who violates this section commits a civil violation for which a fine of not more than $100 may be adjudged. [2003, c. 452, Pt. E, §3 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] B. A person, firm, partnership or corporation who violates this section after having previously violated this section commits a civil violation for which a fine of not more than $500 may be adjudged. [2003, c. 452, Pt. E, §3 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] [ 2003, c. 452, Pt. E, §3 (RPR); 2003, c. 452, Pt. X, §2 (AFF) .] 3. Enforcement. The Commissioner of Agriculture, Conservation and Forestry shall enforce this section pursuant to Title 7, section 13. [ 2005, c. 512, §44 (AMD); 2011, c. 657, Pt. W, §6 (REV) .] SECTION HISTORY 1989, c. 83, §2 (NEW). 2003, c. 452, §§E3,4 (AMD). 2003, c. 452, §X2 (AFF). 2005, c. 512, §44 (AMD). 2007, c. 86, §1 (AMD). 2011, c. 657, Pt. W, §6 (REV). §1661-C. NOTICE OF PROPANE UNIT PRICE 1. Notice. A retail seller of propane gas shall notify a customer or potential customer of the unit price of propane gas upon request, when an oral order for a single delivery is received and at the time of billing. [ 1991, c. 770, §2 (NEW) .] 2. Unit. "Unit," for the purposes of this chapter, may include gallon, pound or cubic foot; but upon customer request a retail seller of propane gas shall convert prices quoted by the pound or cubic foot into per gallon prices. [ 1991, c. 770, §2 (NEW) .] SECTION HISTORY 1991, c. 770, §2 (NEW). §1662. PENALTIES A person who violates any of the provisions of this chapter, except section 1658-A, is punished by a fine of not more than $100 for the first offense and by a fine of not more than $200 for each subsequent offense, or by imprisonment for 90 days, or by both. A person who violates section 1658-A commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged. Each separate sale or attempt to sell in violation of this chapter is a separate offense. [1991, c. 770, §3 (AMD).] SECTION HISTORY 1991, c. 770, §3 (AMD). §1663. SALE OF BIOMASS-BASED DIESEL BLENDS AND BIODIESEL BLENDS 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Biodiesel" means the mono-alkyl esters of long chain fatty acids derived from plant or animal matter that meets the requirements of the American Society of Testing and Materials Standard D6751. [2013, c. 124, §1 (NEW).] B. "Biomass-based diesel" means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the United States Environmental Protection Agency under 42 United States Code, Section 7545 (2012). [2013, c. 124, §1 (NEW).] C. "Biomass-based diesel blend" and "biodiesel blend" mean a blend of biomass-based diesel or biodiesel and petroleum-based diesel fuel. [2013, c. 124, §1 (NEW).] [ 2013, c. 124, §1 (NEW) .]
[ 2013, c. 124, §1 (NEW) .] 3. Transfer document. A person that sells or otherwise transfers title to a biomass-based diesel blend or biodiesel blend to any other person for resale of the product shall prepare a document evidencing the transfer. This transfer document may be in the form of an invoice, bill of lading, bill of sale or other written instrument meeting the requirements of this subsection. This transfer document must include the name of the transferor, the name of the transferee, the date of the transfer, the volume in gallons of the product transferred and either the volume in gallons or the percentage of biomass-based diesel or biodiesel that is contained in the blended product. A person making such a transfer shall maintain the transfer document required by this subsection for a period of 4 years from the transfer date. As used in this subsection, the term "resale" does not include a sale of product purchased at a retail outlet. [ 2013, c. 124, §1 (NEW) .] 4. Transferee not liable. A transferee of a biomass-based diesel blend or biodiesel blend is not liable for failing to verify the accuracy of the information included in any transfer document conforming to the requirements of subsection 3 or for any other liability arising from the transferee's reliance on such information. [ 2013, c. 124, §1 (NEW) .] 5. Supplement other requirements. The requirements of this section are in addition to any other requirements or standards in state law. [ 2013, c. 124, §1 (NEW) .] SECTION HISTORY 2013, c. 124, §1 (NEW). Chapter 308: PETROLEUM MARKET SHARE ACT
This chapter may be known and cited as the "Petroleum Market Share Act." [1991, c. 836, §3 (NEW).] SECTION HISTORY 1991, c. 836, §3 (NEW). §1672. DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1991, c. 836, §3 (NEW).] 1. Affiliate. "Affiliate" means any person who controls, is controlled by or is under common control with any other person. [ 1991, c. 836, §3 (NEW) .] 2. Control of retail outlet. "Control of retail outlet" means the power, whether or not exercised, to establish, fix or direct the retail price of home heating oil or motor fuel sold by a retail outlet, through ownership of stock in or assets used by the retail outlet or through contract, agency, consignment or otherwise, whether that power can be exercised directly or indirectly or through parent corporations, subsidiaries, related persons and entities or affiliates. [ 1991, c. 836, §3 (NEW) .] 3. Home heating oil. "Home heating oil" means #2 fuel oil sold for heating residential, industrial or commercial space or water. [ 1991, c. 836, §3 (NEW) .] 4. Motor fuel oil. "Motor fuel oil" means internal combustion fuel sold for use in motor vehicles as defined in Title 29-A, section 101, subsection 42. [ 1995, c. 65, Pt. A, §24 (AMD); 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §15 (AFF) .] 5. Refiner. "Refiner" means any person who is engaged directly or indirectly or whose affiliate is engaged directly or indirectly in the refining of crude oil, including any person who is engaged directly or indirectly in the production of crude oil who contracts with another person to refine petroleum products for the purpose of resale. [ 1991, c. 836, §3 (NEW) .] 6. Retail outlet. "Retail outlet" means a service station or filling station used in the sale of motor fuel in the State, a sales office servicing retail customers by soliciting or accepting orders for the purchase of home heating oil to end users for consumption in the State, or a bulk storage facility or depot used in the sale of home heating oil to end users for consumption in the State. [ 1991, c. 836, §3 (NEW) .] 7. Retailer. "Retailer" means a person that sells motor fuel oil or home heating oil to an end user for consumption in the State. [ 1991, c. 836, §3 (NEW) .] 8. Wholesaler. "Wholesaler" means a person that sells motor fuel oil or home heating oil for resale through retail outlets and retailers. [ 1991, c. 836, §3 (NEW) .] SECTION HISTORY 1991, c. 836, §3 (NEW). 1995, c. 65, §A24 (AMD). 1995, c. 65, §§A153,C15 (AFF). §1673. REPORTING 1. Reporting by wholesaler. A wholesaler shall provide annual reports to the Department of the Attorney General setting forth: A. The total gallons of home heating oil and motor fuel oil sold by the wholesaler to each retail outlet or retailer; [1993, c. 46, §1 (NEW).] B. The total gallons of home heating oil and motor fuel oil supplied by the wholesaler to each retail outlet controlled by the wholesaler during any portion of the reporting period; and [1993, c. 46, §1 (NEW).] C. The total gallons of home heating oil and motor fuel oil sold by the wholesaler from a bulk storage facility or depot directly to any end user for consumption in the State. [1993, c. 46, §1 (NEW).] [ 1993, c. 613, §1 (AMD) .]
A. Within 30 days of the effective date of this chapter, a refiner controlling retailers or retail outlets shall file with the Department of the Attorney General a list showing the business name and location of each retail outlet controlled by the refiner on the effective date of this chapter and specifying whether the retail outlet sells home heating oil, motor fuel oil or both. [1991, c. 836, §3 (NEW).] B. A refiner shall file annually with the Department of the Attorney General a list showing the number and location of retail outlets controlled by the refiner during the preceding year. [2005, c. 155, §3 (AMD).] C. A refiner or its affiliate shall provide reports annually to the Department of the Attorney General setting forth the total gallons of home heating oil and motor fuel oil supplied to each retail outlet under its control during any portion of the reporting period and the total gallons of home heating oil and motor fuel oil sold by the refiner or its affiliate from a bulk storage facility or depot directly to any end user for consumption in the State. [2005, c. 155, §4 (AMD).] [ 2005, c. 155, §§3, 4 (AMD) .]
[ 2005, c. 155, §5 (RP) .] SECTION HISTORY 1991, c. 836, §3 (NEW). 1993, c. 46, §§1,2 (AMD). 1993, c. 613, §§1,2 (AMD). 1995, c. 627, §1 (AMD). 1999, c. 151, §1 (AMD). 2005, c. 155, §§3-5 (AMD). §1674. INVESTIGATION BY ATTORNEY GENERAL The Attorney General may require, by summons, the attendance and testimony of witnesses and the production of books and papers related to the Attorney General's determination of the market shares held by retailers. A summons must be served in the same manner as a summons for a witness in a criminal case and all provisions of law related to that service apply to a summons issued under this section insofar as they are applicable. All investigations or hearings pursuant to this chapter must be held in Kennebec County or in another county as the Attorney General may designate. A Justice of the Superior Court may, by order, upon application of the Attorney General, compel the attendance of witnesses, the production of books and papers and the giving of testimony before the Attorney General in the same manner and to the same extent as before that court. Failure to obey such an order of the court is punishable by the court as a contempt of court. [1991, c. 836, §3 (NEW).] SECTION HISTORY 1991, c. 836, §3 (NEW). §1675. CONFIDENTIALITY Information received by the Department of the Attorney General pursuant to sections 1673 and 1674 is confidential. [1993, c. 719, §3 (AMD); 1993, c. 719, §12 (AFF).] SECTION HISTORY 1991, c. 836, §3 (NEW). 1993, c. 719, §3 (AMD). 1993, c. 719, §12 (AFF). §1676. PROHIBITIONS OF ANTICOMPETITIVE, UNFAIR AND DECEPTIVE TRADE PRACTICES 1. Geographic radius restrictions on new motor fuel outlets. A refiner controlling a retail outlet for the sale of motor fuel oil in a city, town or municipality may not secure control of additional retail outlets for the sale of motor fuel oil within a 2-mile radius of any of its existing retail outlets in that city, town or municipality unless, in the Attorney General's sole discretion, the Attorney General concludes that the additional outlet will not decrease competition in the retail motor fuel oil market. [ 1991, c. 836, §3 (NEW) .] 2. Deceptive sales practices. A retailer, wholesaler or refiner may not misrepresent the efficiency of an oil furnace or engage in a deceptive act or practice in connection with the sale of home heating oil, service or equipment. [ 1991, c. 836, §3 (NEW) .] 3. Resale price-fixing. A refiner may not fix or maintain the price of motor fuel oil sold by a franchisee, as defined in section 1453, subsection 5. [ 1991, c. 836, §3 (NEW) .] 4. Unfair trade practices. A retailer, wholesaler or refiner may not engage in any unfair methods of competition or unfair or deceptive trade practices, as defined by the Attorney General through rules issued under section 1682. [ 1991, c. 836, §3 (NEW) .] SECTION HISTORY 1991, c. 836, §3 (NEW). §1677. REPORT BY ATTORNEY GENERAL TO LEGISLATURE Every 2 years beginning April 1, 2010, the Attorney General shall make a report to the Legislature describing the concentration of retail outlets in the State or in sections of the State without disclosing the name of any particular retailer or retail outlet. The Attorney General shall include in the report a recommendation to the Legislature as to whether additional legislation is needed to further limit or curtail the activity of refiners operating retail outlets. In formulating a legislative recommendation, the Attorney General shall consult with industry stakeholders; notwithstanding this consultation requirement, the substance of the recommendation is a matter for the Attorney General's sole discretion. Annually, beginning April 1, 2010, the Attorney General shall post on the Attorney General’s publicly accessible website the aggregate data collected pursuant to this chapter. [2009, c. 119, §1 (AMD).] SECTION HISTORY 1991, c. 836, §3 (NEW). 2005, c. 155, §6 (AMD). 2009, c. 119, §1 (AMD). §1678. PETROLEUM ADVISORY COMMITTEE (REPEALED) SECTION HISTORY RR 1991, c. 2, §34 (COR). 1991, c. 836, §3 (NEW). 2001, c. 352, §6 (AMD). 2005, c. 155, §7 (RP). 2005, c. 294, §20 (RP).
A person that violates this chapter is subject to a civil penalty not to exceed $10,000. In any action initiated by the Attorney General seeking a civil penalty for violation of section 1676, each day that the refiner controls a retail outlet in violation of that section constitutes a separate violation. The Attorney General may initiate an action in Superior Court for injunctive and other equitable relief to enforce compliance with this chapter. In any action commenced by the Attorney General for violation of section 1676, the Superior Court may order the refiner to divest any retail outlet established or operated in violation of this chapter and may order the refiner to disgorge any gross revenues earned from sales or operations in violation of this chapter. In any action commenced by the Attorney General under this chapter for injunctive and other equitable relief or for civil penalties, the Attorney General, if on the prevailing side, must be awarded necessary and reasonable investigative costs, reasonable expert witness fees, reasonable attorneys' fees and court costs. [1991, c. 836, §3 (NEW).] SECTION HISTORY 1991, c. 836, §3 (NEW). §1680. PRIVATE RIGHT OF ACTION A retailer, wholesaler or refiner who is injured as a result of a violation of Title 5, section 207 or section 1676 may maintain a civil action in Superior Court against the violator for damages and equitable relief. In any action, the Superior Court shall enter a temporary, preliminary or permanent injunction to restrain further violations or threatened violations of section 1676, regardless of whether the complaining party has an adequate remedy in damages. If the complaining party prevails in any action, the party is entitled to an award of reasonable attorneys' fees and court costs, including expert witness fees. [1991, c. 836, §3 (NEW).] SECTION HISTORY 1991, c. 836, §3 (NEW). §1681. FEES Annually by September 1st, a person who operates or causes to be operated an oil terminal facility within the State, as defined in Title 38, section 542, subsection 7, and a person who is required to register with the Commissioner of Environmental Protection pursuant to Title 38, section 545-B, shall pay to the Attorney General a fee for each 10,000 gallons of home heating oil and motor fuel oil transported into the State during the previous 12-month period ending June 1st. Home heating oil or motor fuel oil that is subsequently exported from the State is excluded from computation, except that home heating oil sold to a retailer or retail outlet located outside the State that sells home heating oil at retail within the State is not excluded. The fee that must be paid by September 1, 1996 and for each subsequent year is 40¢ for each 10,000 gallons or portion thereof. The fees must be deposited in a dedicated, nonlapsing account, known as the Petroleum Marketing Fund. The Attorney General shall administer the fund. [2005, c. 155, §8 (AMD).] SECTION HISTORY 1991, c. 836, §3 (NEW). 1993, c. 46, §3 (AMD). 1993, c. 415, §F1 (AMD). 1993, c. 613, §3 (AMD). 1995, c. 627, §2 (AMD). 1999, c. 151, §2 (AMD). 2005, c. 155, §8 (AMD). §1682. RULEMAKING The Attorney General may adopt rules necessary to implement this chapter. [1991, c. 836, §3 (NEW).] SECTION HISTORY 1991, c. 836, §3 (NEW). Chapter 309: SARDINES
The Maine Sardine Council, by rule adopted in a manner consistent with the Maine Administrative Procedure Act, may develop and register trademarks and regulate the use of the State of Maine trademark when used in the processing and sale of Maine sardines. [1993, c. 585, §3 (AMD).] SECTION HISTORY 1977, c. 694, §167 (AMD). 1993, c. 585, §3 (AMD). §1702. LICENSE After establishment of a trademark by the council, as provided in section 1701, it shall be unlawful to use such trademark without first securing a permit or license from the Maine Sardine Council. Any violations of this section shall be punishable for the first offense by a fine of not more than $50 and for each subsequent offenses a fine of not more than $200. [1977, c. 694, §168 (AMD).] SECTION HISTORY 1977, c. 694, §168 (AMD). §1703. PRICE (REPEALED) SECTION HISTORY 1987, c. 333, §1 (RP).
The Maine Sardine Council may prescribe, in a manner consistent with the Maine Administrative Procedure Act, rules and regulations for carrying out the purposes of this chapter, and may issue licenses to processors who request authority to use the trademark and shall abide by those rules and regulations. The council may charge a fee on a case basis for the use of trademarks established by the council or for the use of the State of Maine trademark on canned sardines. The District Court, upon application of the Maine Sardine Council or the Attorney General, has the right to cancel any license for failure to abide by the rules and regulations prescribed by the council; and the council has the right, after notice and opportunity for a hearing and in a manner consistent with the rule-making provisions of the Maine Administrative Procedure Act, to cancel all outstanding licenses at any time that the council deems such action necessary to the best interest of the sardine industry as a whole. [1995, c. 307, §1 (AMD); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF).] SECTION HISTORY 1977, c. 694, §169 (AMD). 1995, c. 307, §1 (AMD). 1999, c. 547, §B78 (AMD). 1999, c. 547, §B80 (AFF). §1705. FEES All fees charged for use of the trademarks and from the issuance of licenses shall be paid to the Treasurer of State and the same are appropriated for carrying out this chapter, and for promoting the prosperity of this State and the sardine industry by fostering and promoting better methods of processing, merchandising and advertising of Maine sardines under the direction of the Maine Sardine Council. §1706. ENFORCEMENT; JURISDICTION The council or a duly authorized representative may recover penalties imposed for violation of section 1702 in a civil action brought in the name of the council, and if it prevails in such action shall recover full costs; or the council may prosecute for violations thereof by complaint or indictment. The District Court and the Superior Court shall have concurrent jurisdiction of actions brought for the recovery of penalties imposed by section 1702, and of prosecutions for violations thereof. All fines received under section 1702 by county treasurers shall be paid by them to the Treasurer of State and the same are appropriated for carrying out this chapter. Chapter 311: SHOES AND LEATHER GOODS
SECTION HISTORY 1979, c. 572, §5 (RP). Chapter 313: SYPHONS, BOTTLES AND CANS §1801. PROTECTION OF MARKS ON CONTAINERS FOR SODA WATER AND SIMILAR BEVERAGES (REPEALED) SECTION HISTORY 1979, c. 572, §6 (RP).
SECTION HISTORY 1979, c. 572, §6 (RP).
SECTION HISTORY 1965, c. 431, §2 (RP). Chapter 315: REGULATION OF BUSINESS PRACTICES BETWEEN MOTION PICTURE DISTRIBUTORS AND EXHIBITORS §1901. DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms shall have the following meanings. [1979, c. 266, (NEW).] 1. Bid. "Bid" means a written offer or proposal by an exhibitor to a distributor, in response to an "invitation to bid," stating the terms under which the exhibitor will agree to exhibit a motion picture. [ 1979, c. 266, (NEW) .] 2. Blind bidding. "Blind bidding" means the solicitation of bidding for, solicitation of negotiation for, or solicitations of offers for or agreeing to terms for the licensing or exhibition of a motion picture if the motion picture has not been trade screened. [ 1979, c. 266, (NEW) .] 3. Distributor. "Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing. [ 1979, c. 266, (NEW) .] 4. Exhibit or exhibition. "Exhibit" or "exhibition" means showing a motion picture to the public for a charge. [ 1979, c. 266, (NEW) .] 5. Exhibitor. "Exhibitor" means any person engaged in the business of operating one or more theaters. [ 1979, c. 266, (NEW) .] 6. Invitation to bid. "Invitation to bid" means a written solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture. [ 1979, c. 266, (NEW) .] 7. License agreement. "License agreement" means any contract agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor. [ 1979, c. 266, (NEW) .] 8. Person. "Person" includes one or more individuals, partnerships, associates, societies, trust or corporations. [ 1979, c. 266, (NEW) .] 9. Run. "Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area, a "second run" is the second exhibition and "subsequent runs" are subsequent exhibitions after the second run. "Exclusive run" is any run limited to a single theater in a defined geographic area and a "nonexclusive run" is any run in more than one theater in a defined geographic area. [ 1979, c. 266, (NEW) .] 10. Theater. "Theater" means any establishment in which motion pictures are exhibited to the public regularly for a charge. [ 1979, c. 266, (NEW) .] 11. Trade screening. "Trade screening" means the showing of a motion picture by a distributor at some location within the metropolitan area in which is located a distributor's sales or film distributing facility serving the theater, which is open to any exhibitor interested in exhibiting the motion picture. [ 1979, c. 266, (NEW) .] SECTION HISTORY 1979, c. 266, (NEW). §1902. BLIND BIDDING 1. Prohibition. Blind bidding is hereby prohibited within the State. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place and no license agreement or any of its terms shall be agreed to for the exhibition of any motion picture within the State before the motion picture has been trade screened. [ 1979, c. 266, (NEW) .] 2. Information to be included in bid. A distributor shall include in each invitation to bid for a motion picture for exhibition within the State, if that motion picture has not already been trade screened, the date, time and place of the trade screening of the motion picture. [ 1979, c. 266, (NEW) .] 3. Notice to exhibitors. A distributor shall provide reasonable and uniform notice to exhibitors within the State of all trade screenings of motion pictures he is distributing. [ 1979, c. 266, (NEW) .] 4. Waiver void. Any purported waiver of the requirements of this section shall be void and unenforceable. [ 1979, c. 266, (NEW) .] SECTION HISTORY 1979, c. 266, (NEW). §1903. BIDDING PROCEDURES If bids are solicited from exhibitors for the licensing of a motion picture within the State then: [1979, c. 266, (NEW).] 1. Information to be included in bid. The invitation of bid shall specify: A. The number and length of runs for which the bid is being solicited, whether it is a first, second or subsequent run and the geographic area for each run; [1979, c. 266, (NEW).] B. The names of all exhibitors who are being solicited; [1979, c. 266, (NEW).] C. The date and hour the invitation to bid expires; and [1979, c. 266, (NEW).] D. The location, including the address, where the bids will be opened, which shall be within the metropolitan area in which is located a distributor's sales or film distribution facility serving the theater. [1979, c. 266, (NEW).] [ 1979, c. 266, (NEW) .] SECTION HISTORY 1979, c. 266, (NEW). §1904. REMEDIES Any violations of the provisions of this chapter shall be deemed to be a deceptive trade practice, as defined in chapter 206, section 1212, and the remedies available to any aggrieved party shall be those contained within chapter 206, section 1213. [1979, c. 266, (NEW).] SECTION HISTORY 1979, c. 266, (NEW). §1905. EFFECTIVE FOR 4 YEARS (REPEALED) SECTION HISTORY 1979, c. 266, (NEW). 1981, c. 18, (AMD). 1983, c. 7, (RP). Chapter 317: MAINE PATENT PROGRAM §1921. MAINE PATENT PROGRAM The Maine Patent Program, referred to in this chapter as the "program," is administered by the University of Maine System, Center for Advanced Technology Law and Management. The program's purpose is to support the commercialization and manufacturing of innovations in the State by providing education and assistance with the patent process of the United States Patent and Trademark Office to companies, inventors and entrepreneurs in the State. [1999, c. 731, Pt. WWW, §1 (NEW).] 1. Program components. The program must: A. Provide at least 4 workshops each year on general topics concerning the patent process of the United States Patent and Trademark Office; [1999, c. 731, Pt. WWW, §1 (NEW).] B. Provide at least 4 workshops each year on focused topics and specific training concerning the patent process of the United States Patent and Trademark Office; [1999, c. 731, Pt. WWW, §1 (NEW).] C. Conduct innovation screening of 50 to 100 preliminary potential patent applications and patent searches on 25 to 50 potential patent applications each year; [1999, c. 731, Pt. WWW, §1 (NEW).] D. Prepare 10 to 20 patent applications per year; [1999, c. 731, Pt. WWW, §1 (NEW).] E. Provide licensing assistance; and [1999, c. 731, Pt. WWW, §1 (NEW).] F. Provide other assistance concerning the patent process of the United States Patent and Trademark Office as needed. [1999, c. 731, Pt. WWW, §1 (NEW).] [ 1999, c. 731, Pt. WWW, §1 (NEW) .] 2. Applicant's costs and duties. An applicant accepted by the program shall pay the costs of the patent search and opinion and for patent prosecution if the final product is manufactured or licensed out of state. An applicant shall pay to the program a reasonable percentage of the royalties for any successful innovation patented through the program. [ 1999, c. 731, Pt. WWW, §1 (NEW) .] 3. Staffing. The University of Maine System, Center for Advanced Technology Law and Management shall hire a director for the program. The director must be a professional who: A. Is a registered patent attorney or patent agent; [1999, c. 731, Pt. WWW, §1 (NEW).] B. Has experience in commercialization, such as working as an in-house patent professional for a large company or an academic or nonprofit technology transfer operation; [1999, c. 731, Pt. WWW, §1 (NEW).] C. Has relevant experience working directly with manufacturers; [1999, c. 731, Pt. WWW, §1 (NEW).] D. Has relevant experience working directly with entrepreneurial startups; [1999, c. 731, Pt. WWW, §1 (NEW).] E. Has relevant experience working directly with independent inventors; [1999, c. 731, Pt. WWW, §1 (NEW).] F. Has experience with equity and royalty offerings; [1999, c. 731, Pt. WWW, §1 (NEW).] G. Has experience with successful licensing; and [1999, c. 731, Pt. WWW, §1 (NEW).] H. Has experience in educating the general public through workshops, seminars and continuing education courses. [1999, c. 731, Pt. WWW, §1 (NEW).] [ 1999, c. 731, Pt. WWW, §1 (NEW) .] 4. Fund. The Maine Patent Fund, referred to in this chapter as the "fund," is established as a revolving, nonlapsing fund to supplement the Maine Patent Program. All money from royalties received from applicants pursuant to this chapter must be credited to the fund. Money in the fund not currently needed to meet expenses of the program must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund. Money in the fund may only be expended in accordance with allocations approved by the Legislature. [ 1999, c. 731, Pt. WWW, §1 (NEW) .] SECTION HISTORY 1999, c. 731, §WWW1 (NEW).
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