r of a mask work under
this chapter, by conduct in or affecting commerce, shall be liable as an
infringer of such rights. As used in this subsection, the term "any
person" includes any State, any instrumentality of a State, and any
officer or employee of a State or instrumentality of a State acting in
his or her official capacity. Any State, and any such instrumentality,
officer, or employee, shall be subject to the provisions of this chapter
in the same manner and to the same extent as any nongovernmental entity.

(b)(1) The owner of a mask work protected under this chapter, or the
exclusive licensee of all rights under this chapter with respect to the
mask work, shall, after a certificate of registration of a claim of
protection in that mask work has been issued under section 908, be
entitled to institute a civil action for any infringement with respect
to the mask work which is committed after the commencement of protection
of the mask work under section 904(a).

(2) In any case in which an application for registration of a claim of
protection in a mask work and the required deposit of identifying
material and fee have been received in the Copyright Office in proper
form and registration of the mask work has been refused, the applicant
is entitled to institute a civil action for infringement under this
chapter with respect to the mask work if notice of the action, together
with a copy of the complaint, is served on the Register of Copyrights,
in accordance with the Federal Rules of Civil Procedure. The Register
may, at his or her option, become a party to the action with respect to
the issue of whether the claim of protection is eligible for
registration by entering an appearance within sixty days after such
service, but the failure of the Register to become a party to the action
shall not deprive the court of jurisdiction to determine that issue.

(c)(1) The Secretary of the Treasury and the United States Postal
Service shall separately or jointly issue regulations for the
enforcement of the rights set forth in section 905 with respect to
importation. These regulations may require, as a condition for the
exclusion of articles from the United States, that the person seeking
exclusion take any one or more of the following actions:

(A) Obtain a court order enjoining, or an order of the International
Trade Commission under section 337 of the Tariff Act of 1930 excluding,
importation of the articles.

(B) Furnish p