in writing and occurs
after the mask work is fixed in the semiconductor chip product;

(6) the "owner" of a mask work is the person who created the mask work,
the legal representative of that person if that person is deceased or
under a legal incapacity, or a party to whom all the rights under this
chapter of such person or representative are transferred in accordance
with section 903(b); except that, in the case of a work made within the
scope of a person's employment, the owner is the employer for whom the
person created the mask work or a party to whom all the rights under
this chapter of the employer are transferred in accordance with section
903(b);

(7) an "innocent purchaser" is a person who purchases a semiconductor
chip product in good faith and without having notice of protection with
respect to the semiconductor chip product;

(8) having "notice of protection" means having actual knowledge that, or
reasonable grounds to believe that, a mask work is protected under this
chapter; and

(9) an "infringing semiconductor chip product" is a semiconductor chip
product which is made, imported, or distributed in violation of the
exclusive rights of the owner of a mask work under this chapter.

(b) For purposes of this chapter, the distribution or importation of a
product incorporating a semiconductor chip product as a part thereof is
a distribution or importation of that semiconductor chip product.

Section 902. Subject matter of protection [3]

(a)(1) Subject to the provisions of subsection (b), a mask work fixed in
a semiconductor chip product, by or under the authority of the owner of
the mask work, is eligible for protection under this chapter if-

(A) on the date on which the mask work is registered under section 908,
or is first commercially exploited anywhere in the world, whichever
occurs first, the owner of the mask work is (i) a national or
domiciliary of the United States, (ii) a national, domiciliary, or
sovereign authority of a foreign nation that is a party to a treaty
affording protection to mask works to which the United States is also a
party, or (iii) a stateless person, wherever that person may be
domiciled;

(B) the mask work is first commercially exploited in the United States;
or

(C) the mask work comes within the scope of a Presidential proclamation
issued under paragraph (2).

(2) Whenever the President finds that a foreign nation extends, to mask
works of owners who are nationa