Article V - Remedies And Enforcement

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(815 ILCS 620/Art. V heading)

(815 ILCS 620/501) (from Ch. 29, par. 501) Sec. 501. Application of other law. The provisions of this Act are not exclusive and do not relieve the parties or the contract subject thereto from compliance with all other applicable provisions of law. (Source: P.A. 81-542.)

(815 ILCS 620/502) (from Ch. 29, par. 502) Sec. 502. Unenforceability of contract for noncompliance. Any contract for invention development services which does not comply with the applicable provisions of this Act 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. (Source: P.A. 81-542.)

(815 ILCS 620/503) (from Ch. 29, par. 503) Sec. 503. Unenforceability of contract for fraud. Any contract for invention development services entered into in reliance upon any false, fraudulent, deceptive or misleading opinion, statement or other representation by the invention developer shall be void and unenforceable. (Source: P.A. 81-542.)

(815 ILCS 620/504) (from Ch. 29, par. 504) Sec. 504. Nonwaiver of Act by customer. Any waiver by the customer of the provisions of this Act shall be deemed contrary to public policy and shall be void and unenforceable. (Source: P.A. 81-542.)

(815 ILCS 620/505) (from Ch. 29, par. 505) Sec. 505. Damages and attorneys fees. Any person who has been injured by a violation of this Act by an invention developer or by any false or fraudulent statement, representation, or omission of material fact by an invention developer, may bring a civil action against the invention developer for the greater of the following amounts: (1) $3,000, or (2) Three times the amount of the actual damages, if any, sustained by the customer. In addition to the greater of the preceding amounts, the court may award reasonable attorney's fees to the customer. (Source: P.A. 81-542.)

(815 ILCS 620/506) (from Ch. 29, par. 506) Sec. 506. Offenses. Any invention developer who wilfully violates any provision of this Act, or wilfully enters an invention development contract which omits any duty or disclosure required by this Act, is guilty of a Class B misdemeanor. (Source: P.A. 81-542.)

(815 ILCS 620/507) (from Ch. 29, par. 507) Sec. 507. Injunction. Any circuit court of this State shall have jurisdiction in equity to restrain and enjoin the violation of any of the provisions of this Act relating to invention development services and contracts therefor. (Source: P.A. 81-542.)

(815 ILCS 620/508) (from Ch. 29, par. 508) Sec. 508. Enforcement. The duty to institute actions for violations of this Act, including equity proceedings to restrain and enjoin such violations, is hereby vested in the Attorney General and State's attorneys. The Attorney General or State's attorneys 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. (Source: P.A. 81-542.)

(815 ILCS 620/509) (from Ch. 29, par. 509) Sec. 509. Voidability for failure to comply with disclosure requirements. Failure to make the disclosures required by Article 2 of this Act shall render any contract subsequently entered into between the customer and the invention developer voidable by the customer. (Source: P.A. 81-542.)