Iowa Code 523G.9 – Compliance with other laws, violations and penalties
Current as of: 2023 | Check for updates
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1. The provisions of this chapter are not exclusive and do not relieve persons or a contract from compliance with other applicable law.
Terms Used In Iowa Code 523G.9
- Commissioner: means the commissioner of insurance or a person designated by the commissioner to act on the commissioner's behalf. See Iowa Code 523G.3
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an agreement between an invention developer and a customer under which the invention developer promises to perform invention development services for the customer. See Iowa Code 523G.3
- Customer: means a person who is solicited by, inquires about, seeks the services of, or enters into a contract with an invention developer. See Iowa Code 523G.3
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deceptive practice: means communicating a false or fraudulent statement, providing false pretense, making a false promise or misleading statement, misrepresenting a fact, omitting a material fact, or failing to make all disclosures required by this chapter. See Iowa Code 523G.3
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Invention: means an original concept which may be rendered into an artistic, educational, or technological expression, including works, compositions, designs, machines, manufacturing or engineering techniques, analyses, or processes. See Iowa Code 523G.3
- Invention developer: means a person who performs invention development services in this state or offers, through any means of communication, to perform invention development services in this state. See Iowa Code 523G.3
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
2. A contract which fails to comply with the applicable provisions of this chapter is unenforceable against the customer as contrary to public policy, unless the invention developer proves all of the following:
a. The noncompliance resulted from an error.
b. The invention developer followed reasonable procedures adopted to avoid such errors.
c. The invention developer promptly made an appropriate correction upon discovery of the noncompliance.
3. A contract executed by an invention developer is unenforceable against the customer, if the invention developer used deceptive practices, with an intent to cause reliance, regardless of whether the customer was actually misled, deceived, or damaged.
4. A provision of a contract which waives a provision of this chapter is contrary to public policy and is void and unenforceable.
5. A person may bring a civil action against an invention developer that uses a deceptive practice. The person may be awarded damages together with costs and disbursements, including reasonable attorney fees. The court in its discretion may increase the award of damages to an amount not to exceed three times the damages or two thousand five hundred dollars, whichever is greater.
6. Failure to make an initial disclosure required by section 523G.4 shall render any contract subsequently entered into between the customer and the invention developer voidable by the customer.
7. A violation of this chapter or a rule adopted by the commissioner pursuant to this chapter is a violation of section 714.16. The remedies and penalties provided by section 714.16, including but not limited to provisions relating to injunctive relief and penalties, apply to violations of this chapter.