SECTIONS 22382-22388 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 22382-22388

22382. The provisions of this chapter are not exclusive and do not
relieve the parties or the contract subject thereto from compliance
with all other applicable provisions of law.

22383. Any contract for invention development services which does
not comply with the applicable provisions of this chapter shall be
void and unenforceable as contrary to public policy, provided that no
contract shall be void and unenforceable if the invention developer
proves that noncompliance was unintentional and resulted from a bona
fide error notwithstanding the use of reasonable procedures adopted
to avoid any such errors and makes an appropriate correction.

22384. Any contract for invention development services entered into
in reliance upon any willful and false, fraudulent, or misleading
representation by the invention developer shall be void and
unenforceable.

22385. Any waiver by the customer of the provisions of this chapter
shall be deemed contrary to public policy and shall be void and
unenforceable.

22386. Any person who has been injured by a violation of this
chapter by an invention developer, or by any false or fraudulent
statement, representation, or omission of material fact by an
invention developer, or by failure of an invention developer to make
all the disclosures required by Section 22379, may bring a civil
action against the invention developer for the greater of the
following amounts:
(1) Three thousand dollars ($3,000).
(2) Three times the amount of the actual damages, if any,
sustained by the plaintiff.
In addition to the greater of the preceding amounts, the court may
award reasonable attorney's fees to the plaintiff.

22387. Any invention developer who willfully violates any provision
of this chapter, or willfully enters an invention development
contract which omits any duty or disclosure required by this chapter,
is guilty of a misdemeanor. Any superior court of this state shall
have jurisdiction in equity to restrain and enjoin the violation of
any of the provisions of this chapter relating to invention
development services and contracts therefor.
The duty to institute actions for violation of such provisions of
this chapter, including equity proceedings to restrain and enjoin
such violations, is hereby vested in the Attorney General, district
attorneys, county counsels, and city attorneys. The Attorney General,
any district attorney, or city attorney may prosecute misdemeanor
actions or institute equity proceedings or both.
This section shall not be deemed to prohibit the enforcement by
any person of any right provided by this or any other law.

22388. Failure to make the disclosure required by Article 4
(commencing with Section 22380) shall render any contract
subsequently entered into between the customer and the invention
developer voidable by the customer.