-CITE-

17 USC CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

.

-HEAD-

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-MISC1-

Sec.

1301. Designs protected.

1302. Designs not subject to protection.

1303. Revisions, adaptations, and rearrangements.

1304. Commencement of protection.

1305. Term of protection.

1306. Design notice.

1307. Effect of omission of notice.

1308. Exclusive rights.

1309. Infringement.

1310. Application for registration.

1311. Benefit of earlier filing date in foreign country.

1312. Oaths and acknowledgments.

1313. Examination of application and issue or refusal of

registration.

1314. Certification of registration.

1315. Publication of announcements and indexes.

1316. Fees.

1317. Regulations.

1318. Copies of records.

1319. Correction of errors in certificates.

1320. Ownership and transfer.

1321. Remedy for infringement.

1322. Injunctions.

1323. Recovery for infringement.

1324. Power of court over registration.

1325. Liability for action on registration fraudulently obtained.

1326. Penalty for false marking.

1327. Penalty for false representation.

1328. Enforcement by Treasury and Postal Service.

1329. Relation to design patent law.

1330. Common law and other rights unaffected.

1331. Administrator; Office of the Administrator.

1332. No retroactive effect.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 19 section 1337; title 28

sections 1338, 1498.

-CITE-

17 USC Sec. 1301 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1301. Designs protected

-STATUTE-

(a) Designs Protected. -

(1) In general. - The designer or other owner of an original

design of a useful article which makes the article attractive or

distinctive in appearance to the purchasing or using public may

secure the protection provided by this chapter upon complying

with and subject to this chapter.

(2) Vessel hulls. - The design of a vessel hull, including a

plug or mold, is subject to protection under this chapter,

notwithstanding section 1302(4).

(b) Definitions. - For the purpose of this chapter, the following

terms have the following meanings:

(1) A design is ''original'' if it is the result of the

designer's creative endeavor that provides a distinguishable

variation over prior work pertaining to similar articles which is

more than merely trivial and has not been copied from another

source.

(2) A ''useful article'' is a vessel hull, including a plug or

mold, which in normal use has an intrinsic utilitarian function

that is not merely to portray the appearance of the article or to

convey information. An article which normally is part of a

useful article shall be deemed to be a useful article.

(3) A ''vessel'' is a craft -

(A) that is designed and capable of independently steering a

course on or through water through its own means of propulsion;

and

(B) that is designed and capable of carrying and transporting

one or more passengers.

(4) A ''hull'' is the frame or body of a vessel, including the

deck of a vessel, exclusive of masts, sails, yards, and rigging.

(5) A ''plug'' means a device or model used to make a mold for

the purpose of exact duplication, regardless of whether the

device or model has an intrinsic utilitarian function that is not

only to portray the appearance of the product or to convey

information.

(6) A ''mold'' means a matrix or form in which a substance for

material is used, regardless of whether the matrix or form has an

intrinsic utilitarian function that is not only to portray the

appearance of the product or to convey information.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2905; amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) (title V,

Sec. 5005(a)(3)), Nov. 29, 1999, 113 Stat. 1536, 1501A-593.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(3). Pub. L. 106-113 amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''A

'vessel' is a craft, especially one larger than a rowboat, designed

to navigate on water, but does not include any such craft that

exceeds 200 feet in length.''

EFFECTIVE DATE

Pub. L. 105-304, title V, Sec. 505, Oct. 28, 1998, 112 Stat.

2918, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(9)

(title V, Sec. 5005(a)(2)), Nov. 29, 1999, 113 Stat. 1536,

1501A-593, provided that: ''The amendments made by sections 502 and

503 (enacting this chapter and amending sections 1338, 1400, and

1498 of Title 28, Judiciary and Judicial Procedure) shall take

effect on the date of the enactment of this Act (Oct. 28, 1998).''

JOINT STUDY OF EFFECT OF THIS CHAPTER

Pub. L. 105-304, title V, Sec. 504, Oct. 28, 1998, 112 Stat.

2917, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(9)

(title IV, Sec. 4741(b)(1), title V, Sec. 5005(a)(1)), Nov. 29,

1999, 113 Stat. 1536, 1501A-586, 1501A-593, provided that:

''(a) In General. - Not later than November 1, 2003, the Register

of Copyrights and the Under Secretary of Commerce for Intellectual

Property and Director of the United States Patent and Trademark

Office shall submit to the Committees on the Judiciary of the

Senate and the House of Representatives a joint report evaluating

the effect of the amendments made by this title (enacting this

chapter and amending sections 1338, 1400, and 1498 of Title 28,

Judiciary and Judicial Procedure).

''(b) Elements for Consideration. - In carrying out subsection

(a), the Register of Copyrights and the Under Secretary of Commerce

for Intellectual Property and Director of the United States Patent

and Trademark Office shall consider -

''(1) the extent to which the amendments made by this title has

been effective in suppressing infringement of the design of

vessel hulls;

''(2) the extent to which the registration provided for in

chapter 13 of title 17, United States Code, as added by this

title, has been utilized;

''(3) the extent to which the creation of new designs of vessel

hulls have been encouraged by the amendments made by this title;

''(4) the effect, if any, of the amendments made by this title

on the price of vessels with hulls protected under such

amendments; and

''(5) such other considerations as the Register and the Under

Secretary of Commerce for Intellectual Property and Director of

the United States Patent and Trademark Office may deem relevant

to accomplish the purposes of the evaluation conducted under

subsection (a).''

-CITE-

17 USC Sec. 1302 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1302. Designs not subject to protection

-STATUTE-

Protection under this chapter shall not be available for a design

that is -

(1) not original;

(2) staple or commonplace, such as a standard geometric figure,

a familiar symbol, an emblem, or a motif, or another shape,

pattern, or configuration which has become standard, common,

prevalent, or ordinary;

(3) different from a design excluded by paragraph (2) only in

insignificant details or in elements which are variants commonly

used in the relevant trades;

(4) dictated solely by a utilitarian function of the article

that embodies it; or

(5) embodied in a useful article that was made public by the

designer or owner in the United States or a foreign country more

than 2 years before the date of the application for registration

under this chapter.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2906; amended Pub. L. 106-44, Sec. 1(f)(1), Aug. 5, 1999, 113 Stat.

222.)

-MISC1-

AMENDMENTS

1999 - Par. (5). Pub. L. 106-44 substituted ''2 years'' for ''1

year''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1301, 1303 of this title.

-CITE-

17 USC Sec. 1303 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1303. Revisions, adaptations, and rearrangements

-STATUTE-

Protection for a design under this chapter shall be available

notwithstanding the employment in the design of subject matter

excluded from protection under section 1302 if the design is a

substantial revision, adaptation, or rearrangement of such subject

matter. Such protection shall be independent of any subsisting

protection in subject matter employed in the design, and shall not

be construed as securing any right to subject matter excluded from

protection under this chapter or as extending any subsisting

protection under this chapter.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2906.)

-CITE-

17 USC Sec. 1304 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1304. Commencement of protection

-STATUTE-

The protection provided for a design under this chapter shall

commence upon the earlier of the date of publication of the

registration under section 1313(a) or the date the design is first

made public as defined by section 1310(b).

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2907.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1305 of this title.

-CITE-

17 USC Sec. 1305 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1305. Term of protection

-STATUTE-

(a) In General. - Subject to subsection (b), the protection

provided under this chapter for a design shall continue for a term

of 10 years beginning on the date of the commencement of protection

under section 1304.

(b) Expiration. - All terms of protection provided in this

section shall run to the end of the calendar year in which they

would otherwise expire.

(c) Termination of Rights. - Upon expiration or termination of

protection in a particular design under this chapter, all rights

under this chapter in the design shall terminate, regardless of the

number of different articles in which the design may have been used

during the term of its protection.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2907.)

-CITE-

17 USC Sec. 1306 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1306. Design notice

-STATUTE-

(a) Contents of Design Notice. - (1) Whenever any design for

which protection is sought under this chapter is made public under

section 1310(b), the owner of the design shall, subject to the

provisions of section 1307, mark it or have it marked legibly with

a design notice consisting of -

(A) the words ''Protected Design'', the abbreviation ''Prot'd

Des.'', or the letter ''D'' with a circle, or the symbol ''*D*'';

(B) the year of the date on which protection for the design

commenced; and

(C) the name of the owner, an abbreviation by which the name

can be recognized, or a generally accepted alternative

designation of the owner.

Any distinctive identification of the owner may be used for

purposes of subparagraph (C) if it has been recorded by the

Administrator before the design marked with such identification is

registered.

(2) After registration, the registration number may be used

instead of the elements specified in subparagraphs (B) and (C) of

paragraph (1).

(b) Location of Notice. - The design notice shall be so located

and applied as to give reasonable notice of design protection while

the useful article embodying the design is passing through its

normal channels of commerce.

(c) Subsequent Removal of Notice. - When the owner of a design

has complied with the provisions of this section, protection under

this chapter shall not be affected by the removal, destruction, or

obliteration by others of the design notice on an article.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2907.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1307, 1310, 1326 of this

title.

-CITE-

17 USC Sec. 1307 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1307. Effect of omission of notice

-STATUTE-

(a) Actions With Notice. - Except as provided in subsection (b),

the omission of the notice prescribed in section 1306 shall not

cause loss of the protection under this chapter or prevent recovery

for infringement under this chapter against any person who, after

receiving written notice of the design protection, begins an

undertaking leading to infringement under this chapter.

(b) Actions Without Notice. - The omission of the notice

prescribed in section 1306 shall prevent any recovery under section

1323 against a person who began an undertaking leading to

infringement under this chapter before receiving written notice of

the design protection. No injunction shall be issued under this

chapter with respect to such undertaking unless the owner of the

design reimburses that person for any reasonable expenditure or

contractual obligation in connection with such undertaking that was

incurred before receiving written notice of the design protection,

as the court in its discretion directs. The burden of providing

written notice of design protection shall be on the owner of the

design.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2907.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1306 of this title.

-CITE-

17 USC Sec. 1308 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1308. Exclusive rights

-STATUTE-

The owner of a design protected under this chapter has the

exclusive right to -

(1) make, have made, or import, for sale or for use in trade,

any useful article embodying that design; and

(2) sell or distribute for sale or for use in trade any useful

article embodying that design.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2908.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1328 of this title.

-CITE-

17 USC Sec. 1309 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1309. Infringement

-STATUTE-

(a) Acts of Infringement. - Except as provided in subsection (b),

it shall be infringement of the exclusive rights in a design

protected under this chapter for any person, without the consent of

the owner of the design, within the United States and during the

term of such protection, to -

(1) make, have made, or import, for sale or for use in trade,

any infringing article as defined in subsection (e); or

(2) sell or distribute for sale or for use in trade any such

infringing article.

(b) Acts of Sellers and Distributors. - A seller or distributor

of an infringing article who did not make or import the article

shall be deemed to have infringed on a design protected under this

chapter only if that person -

(1) induced or acted in collusion with a manufacturer to make,

or an importer to import such article, except that merely

purchasing or giving an order to purchase such article in the

ordinary course of business shall not of itself constitute such

inducement or collusion; or

(2) refused or failed, upon the request of the owner of the

design, to make a prompt and full disclosure of that person's

source of such article, and that person orders or reorders such

article after receiving notice by registered or certified mail of

the protection subsisting in the design.

(c) Acts Without Knowledge. - It shall not be infringement under

this section to make, have made, import, sell, or distribute, any

article embodying a design which was created without knowledge that

a design was protected under this chapter and was copied from such

protected design.

(d) Acts in Ordinary Course of Business. - A person who

incorporates into that person's product of manufacture an

infringing article acquired from others in the ordinary course of

business, or who, without knowledge of the protected design

embodied in an infringing article, makes or processes the

infringing article for the account of another person in the

ordinary course of business, shall not be deemed to have infringed

the rights in that design under this chapter except under a

condition contained in paragraph (1) or (2) of subsection (b).

Accepting an order or reorder from the source of the infringing

article shall be deemed ordering or reordering within the meaning

of subsection (b)(2).

(e) Infringing Article Defined. - As used in this section, an

''infringing article'' is any article the design of which has been

copied from a design protected under this chapter, without the

consent of the owner of the protected design. An infringing

article is not an illustration or picture of a protected design in

an advertisement, book, periodical, newspaper, photograph,

broadcast, motion picture, or similar medium. A design shall not

be deemed to have been copied from a protected design if it is

original and not substantially similar in appearance to a protected

design.

(f) Establishing Originality. - The party to any action or

proceeding under this chapter who alleges rights under this chapter

in a design shall have the burden of establishing the design's

originality whenever the opposing party introduces an earlier work

which is identical to such design, or so similar as to make prima

facie showing that such design was copied from such work.

(g) Reproduction for Teaching or Analysis. - It is not an

infringement of the exclusive rights of a design owner for a person

to reproduce the design in a useful article or in any other form

solely for the purpose of teaching, analyzing, or evaluating the

appearance, concepts, or techniques embodied in the design, or the

function of the useful article embodying the design.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2908.)

-CITE-

17 USC Sec. 1310 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1310. Application for registration

-STATUTE-

(a) Time Limit for Application for Registration. - Protection

under this chapter shall be lost if application for registration of

the design is not made within 2 years after the date on which the

design is first made public.

(b) When Design is Made Public. - A design is made public when an

existing useful article embodying the design is anywhere publicly

exhibited, publicly distributed, or offered for sale or sold to the

public by the owner of the design or with the owner's consent.

(c) Application by Owner of Design. - Application for

registration may be made by the owner of the design.

(d) Contents of Application. - The application for registration

shall be made to the Administrator and shall state -

(1) the name and address of the designer or designers of the

design;

(2) the name and address of the owner if different from the

designer;

(3) the specific name of the useful article embodying the

design;

(4) the date, if any, that the design was first made public, if

such date was earlier than the date of the application;

(5) affirmation that the design has been fixed in a useful

article; and

(6) such other information as may be required by the

Administrator.

The application for registration may include a description setting

forth the salient features of the design, but the absence of such a

description shall not prevent registration under this chapter.

(e) Sworn Statement. - The application for registration shall be

accompanied by a statement under oath by the applicant or the

applicant's duly authorized agent or representative, setting forth,

to the best of the applicant's knowledge and belief -

(1) that the design is original and was created by the designer

or designers named in the application;

(2) that the design has not previously been registered on

behalf of the applicant or the applicant's predecessor in title;

and

(3) that the applicant is the person entitled to protection and

to registration under this chapter.

If the design has been made public with the design notice

prescribed in section 1306, the statement shall also describe the

exact form and position of the design notice.

(f) Effect of Errors. - (1) Error in any statement or assertion

as to the utility of the useful article named in the application

under this section, the design of which is sought to be registered,

shall not affect the protection secured under this chapter.

(2) Errors in omitting a joint designer or in naming an alleged

joint designer shall not affect the validity of the registration,

or the actual ownership or the protection of the design, unless it

is shown that the error occurred with deceptive intent.

(g) Design Made in Scope of Employment. - In a case in which the

design was made within the regular scope of the designer's

employment and individual authorship of the design is difficult or

impossible to ascribe and the application so states, the name and

address of the employer for whom the design was made may be stated

instead of that of the individual designer.

(h) Pictorial Representation of Design. - The application for

registration shall be accompanied by two copies of a drawing or

other pictorial representation of the useful article embodying the

design, having one or more views, adequate to show the design, in a

form and style suitable for reproduction, which shall be deemed a

part of the application.

(i) Design in More Than One Useful Article. - If the

distinguishing elements of a design are in substantially the same

form in different useful articles, the design shall be protected as

to all such useful articles when protected as to one of them, but

not more than one registration shall be required for the design.

(j) Application for More Than One Design. - More than one design

may be included in the same application under such conditions as

may be prescribed by the Administrator. For each design included in

an application the fee prescribed for a single design shall be

paid.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2909.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1304, 1306, 1313, 1332 of

this title.

-CITE-

17 USC Sec. 1311 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1311. Benefit of earlier filing date in foreign country

-STATUTE-

An application for registration of a design filed in the United

States by any person who has, or whose legal representative or

predecessor or successor in title has, previously filed an

application for registration of the same design in a foreign

country which extends to designs of owners who are citizens of the

United States, or to applications filed under this chapter, similar

protection to that provided under this chapter shall have that same

effect as if filed in the United States on the date on which the

application was first filed in such foreign country, if the

application in the United States is filed within 6 months after the

earliest date on which any such foreign application was filed.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2910.)

-CITE-

17 USC Sec. 1312 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1312. Oaths and acknowledgments

-STATUTE-

(a) In General. - Oaths and acknowledgments required by this

chapter -

(1) may be made -

(A) before any person in the United States authorized by law

to administer oaths; or

(B) when made in a foreign country, before any diplomatic or

consular officer of the United States authorized to administer

oaths, or before any official authorized to administer oaths in

the foreign country concerned, whose authority shall be proved

by a certificate of a diplomatic or consular officer of the

United States; and

(2) shall be valid if they comply with the laws of the State or

country where made.

(b) Written Declaration in Lieu of Oath. - (1) The Administrator

may by rule prescribe that any document which is to be filed under

this chapter in the Office of the Administrator and which is

required by any law, rule, or other regulation to be under oath,

may be subscribed to by a written declaration in such form as the

Administrator may prescribe, and such declaration shall be in lieu

of the oath otherwise required.

(2) Whenever a written declaration under paragraph (1) is used,

the document containing the declaration shall state that willful

false statements are punishable by fine or imprisonment, or both,

pursuant to section 1001 of title 18, and may jeopardize the

validity of the application or document or a registration resulting

therefrom.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2911.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1320 of this title.

-CITE-

17 USC Sec. 1313 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1313. Examination of application and issue or refusal of

registration

-STATUTE-

(a) Determination of Registrability of Design; Registration. -

Upon the filing of an application for registration in proper form

under section 1310, and upon payment of the fee prescribed under

section 1316, the Administrator shall determine whether or not the

application relates to a design which on its face appears to be

subject to protection under this chapter, and, if so, the Register

shall register the design. Registration under this subsection

shall be announced by publication. The date of registration shall

be the date of publication.

(b) Refusal To Register; Reconsideration. - If, in the judgment

of the Administrator, the application for registration relates to a

design which on its face is not subject to protection under this

chapter, the Administrator shall send to the applicant a notice of

refusal to register and the grounds for the refusal. Within 3

months after the date on which the notice of refusal is sent, the

applicant may, by written request, seek reconsideration of the

application. After consideration of such a request, the

Administrator shall either register the design or send to the

applicant a notice of final refusal to register.

(c) Application To Cancel Registration. - Any person who believes

he or she is or will be damaged by a registration under this

chapter may, upon payment of the prescribed fee, apply to the

Administrator at any time to cancel the registration on the ground

that the design is not subject to protection under this chapter,

stating the reasons for the request. Upon receipt of an

application for cancellation, the Administrator shall send to the

owner of the design, as shown in the records of the Office of the

Administrator, a notice of the application, and the owner shall

have a period of 3 months after the date on which such notice is

mailed in which to present arguments to the Administrator for

support of the validity of the registration. The Administrator

shall also have the authority to establish, by regulation,

conditions under which the opposing parties may appear and be heard

in support of their arguments. If, after the periods provided for

the presentation of arguments have expired, the Administrator

determines that the applicant for cancellation has established that

the design is not subject to protection under this chapter, the

Administrator shall order the registration stricken from the

record. Cancellation under this subsection shall be announced by

publication, and notice of the Administrator's final determination

with respect to any application for cancellation shall be sent to

the applicant and to the owner of record. Costs of the

cancellation procedure under this subsection shall be borne by the

nonprevailing party or parties, and the Administrator shall have

the authority to assess and collect such costs.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2911; amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) (title V,

Sec. 5005(a)(4)), Nov. 29, 1999, 113 Stat. 1536, 1501A-594.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-113 inserted at end ''Costs of

the cancellation procedure under this subsection shall be borne by

the nonprevailing party or parties, and the Administrator shall

have the authority to assess and collect such costs.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1304, 1321 of this title.

-CITE-

17 USC Sec. 1314 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1314. Certification of registration

-STATUTE-

Certificates of registration shall be issued in the name of the

United States under the seal of the Office of the Administrator and

shall be recorded in the official records of the Office. The

certificate shall state the name of the useful article, the date of

filing of the application, the date of registration, and the date

the design was made public, if earlier than the date of filing of

the application, and shall contain a reproduction of the drawing or

other pictorial representation of the design. If a description of

the salient features of the design appears in the application, the

description shall also appear in the certificate. A certificate of

registration shall be admitted in any court as prima facie evidence

of the facts stated in the certificate.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2912.)

-CITE-

17 USC Sec. 1315 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1315. Publication of announcements and indexes

-STATUTE-

(a) Publications of the Administrator. - The Administrator shall

publish lists and indexes of registered designs and cancellations

of designs and may also publish the drawings or other pictorial

representations of registered designs for sale or other

distribution.

(b) File of Representatives of Registered Designs. - The

Administrator shall establish and maintain a file of the drawings

or other pictorial representations of registered designs. The file

shall be available for use by the public under such conditions as

the Administrator may prescribe.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2912.)

-CITE-

17 USC Sec. 1316 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1316. Fees

-STATUTE-

The Administrator shall by regulation set reasonable fees for the

filing of applications to register designs under this chapter and

for other services relating to the administration of this chapter,

taking into consideration the cost of providing these services and

the benefit of a public record.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2912.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1313 of this title.

-CITE-

17 USC Sec. 1317 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1317. Regulations

-STATUTE-

The Administrator may establish regulations for the

administration of this chapter.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2912.)

-CITE-

17 USC Sec. 1318 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1318. Copies of records

-STATUTE-

Upon payment of the prescribed fee, any person may obtain a

certified copy of any official record of the Office of the

Administrator that relates to this chapter. That copy shall be

admissible in evidence with the same effect as the original.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2913.)

-CITE-

17 USC Sec. 1319 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1319. Correction of errors in certificates

-STATUTE-

The Administrator may, by a certificate of correction under seal,

correct any error in a registration incurred through the fault of

the Office, or, upon payment of the required fee, any error of a

clerical or typographical nature occurring in good faith but not

through the fault of the Office. Such registration, together with

the certificate, shall thereafter have the same effect as if it had

been originally issued in such corrected form.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2913.)

-CITE-

17 USC Sec. 1320 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1320. Ownership and transfer

-STATUTE-

(a) Property Right in Design. - The property right in a design

subject to protection under this chapter shall vest in the

designer, the legal representatives of a deceased designer or of

one under legal incapacity, the employer for whom the designer

created the design in the case of a design made within the regular

scope of the designer's employment, or a person to whom the rights

of the designer or of such employer have been transferred. The

person in whom the property right is vested shall be considered the

owner of the design.

(b) Transfer of Property Right. - The property right in a

registered design, or a design for which an application for

registration has been or may be filed, may be assigned, granted,

conveyed, or mortgaged by an instrument in writing, signed by the

owner, or may be bequeathed by will.

(c) Oath or Acknowledgment of Transfer. - An oath or

acknowledgment under section 1312 shall be prima facie evidence of

the execution of an assignment, grant, conveyance, or mortgage

under subsection (b).

(d) Recordation of Transfer. - An assignment, grant, conveyance,

or mortgage under subsection (b) shall be void as against any

subsequent purchaser or mortgagee for a valuable consideration,

unless it is recorded in the Office of the Administrator within 3

months after its date of execution or before the date of such

subsequent purchase or mortgage.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2913; amended Pub. L. 106-44, Sec. 1(f)(2), Aug. 5, 1999, 113 Stat.

222.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-44 substituted ''Acknowledgment''

for ''Acknowledgement'' in heading.

-CITE-

17 USC Sec. 1321 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1321. Remedy for infringement

-STATUTE-

(a) In General. - The owner of a design is entitled, after

issuance of a certificate of registration of the design under this

chapter, to institute an action for any infringement of the design.

(b) Review of Refusal To Register. - (1) Subject to paragraph

(2), the owner of a design may seek judicial review of a final

refusal of the Administrator to register the design under this

chapter by bringing a civil action, and may in the same action, if

the court adjudges the design subject to protection under this

chapter, enforce the rights in that design under this chapter.

(2) The owner of a design may seek judicial review under this

section if -

(A) the owner has previously duly filed and prosecuted to final

refusal an application in proper form for registration of the

design;

(B) the owner causes a copy of the complaint in the action to

be delivered to the Administrator within 10 days after the

commencement of the action; and

(C) the defendant has committed acts in respect to the design

which would constitute infringement with respect to a design

protected under this chapter.

(c) Administrator as Party to Action. - The Administrator may, at

the Administrator's option, become a party to the action with

respect to the issue of registrability of the design claim by

entering an appearance within 60 days after being served with the

complaint, but the failure of the Administrator to become a party

shall not deprive the court of jurisdiction to determine that

issue.

(d) Use of Arbitration To Resolve Dispute. - The parties to an

infringement dispute under this chapter, within such time as may be

specified by the Administrator by regulation, may determine the

dispute, or any aspect of the dispute, by arbitration. Arbitration

shall be governed by title 9. The parties shall give notice of any

arbitration award to the Administrator, and such award shall, as

between the parties to the arbitration, be dispositive of the

issues to which it relates. The arbitration award shall be

unenforceable until such notice is given. Nothing in this

subsection shall preclude the Administrator from determining

whether a design is subject to registration in a cancellation

proceeding under section 1313(c).

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2913.)

-CITE-

17 USC Sec. 1322 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1322. Injunctions

-STATUTE-

(a) In General. - A court having jurisdiction over actions under

this chapter may grant injunctions in accordance with the

principles of equity to prevent infringement of a design under this

chapter, including, in its discretion, prompt relief by temporary

restraining orders and preliminary injunctions.

(b) Damages for Injunctive Relief Wrongfully Obtained. - A seller

or distributor who suffers damage by reason of injunctive relief

wrongfully obtained under this section has a cause of action

against the applicant for such injunctive relief and may recover

such relief as may be appropriate, including damages for lost

profits, cost of materials, loss of good will, and punitive damages

in instances where the injunctive relief was sought in bad faith,

and, unless the court finds extenuating circumstances, reasonable

attorney's fees.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2914.)

-CITE-

17 USC Sec. 1323 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1323. Recovery for infringement

-STATUTE-

(a) Damages. - Upon a finding for the claimant in an action for

infringement under this chapter, the court shall award the claimant

damages adequate to compensate for the infringement. In addition,

the court may increase the damages to such amount, not exceeding

$50,000 or $1 per copy, whichever is greater, as the court

determines to be just. The damages awarded shall constitute

compensation and not a penalty. The court may receive expert

testimony as an aid to the determination of damages.

(b) Infringer's Profits. - As an alternative to the remedies

provided in subsection (a), the court may award the claimant the

infringer's profits resulting from the sale of the copies if the

court finds that the infringer's sales are reasonably related to

the use of the claimant's design. In such a case, the claimant

shall be required to prove only the amount of the infringer's sales

and the infringer shall be required to prove its expenses against

such sales.

(c) Statute of Limitations. - No recovery under subsection (a) or

(b) shall be had for any infringement committed more than 3 years

before the date on which the complaint is filed.

(d) Attorney's Fees. - In an action for infringement under this

chapter, the court may award reasonable attorney's fees to the

prevailing party.

(e) Disposition of Infringing and Other Articles. - The court may

order that all infringing articles, and any plates, molds,

patterns, models, or other means specifically adapted for making

the articles, be delivered up for destruction or other disposition

as the court may direct.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2914.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1307 of this title.

-CITE-

17 USC Sec. 1324 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1324. Power of court over registration

-STATUTE-

In any action involving the protection of a design under this

chapter, the court, when appropriate, may order registration of a

design under this chapter or the cancellation of such a

registration. Any such order shall be certified by the court to

the Administrator, who shall make an appropriate entry upon the

record.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2915.)

-CITE-

17 USC Sec. 1325 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1325. Liability for action on registration fraudulently

obtained

-STATUTE-

Any person who brings an action for infringement knowing that

registration of the design was obtained by a false or fraudulent

representation materially affecting the rights under this chapter,

shall be liable in the sum of $10,000, or such part of that amount

as the court may determine. That amount shall be to compensate the

defendant and shall be charged against the plaintiff and paid to

the defendant, in addition to such costs and attorney's fees of the

defendant as may be assessed by the court.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2915.)

-CITE-

17 USC Sec. 1326 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1326. Penalty for false marking

-STATUTE-

(a) In General. - Whoever, for the purpose of deceiving the

public, marks upon, applies to, or uses in advertising in

connection with an article made, used, distributed, or sold, a

design which is not protected under this chapter, a design notice

specified in section 1306, or any other words or symbols importing

that the design is protected under this chapter, knowing that the

design is not so protected, shall pay a civil fine of not more than

$500 for each such offense.

(b) Suit by Private Persons. - Any person may sue for the penalty

established by subsection (a), in which event one-half of the

penalty shall be awarded to the person suing and the remainder

shall be awarded to the United States.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2915.)

-CITE-

17 USC Sec. 1327 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1327. Penalty for false representation

-STATUTE-

Whoever knowingly makes a false representation materially

affecting the rights obtainable under this chapter for the purpose

of obtaining registration of a design under this chapter shall pay

a penalty of not less than $500 and not more than $1,000, and any

rights or privileges that individual may have in the design under

this chapter shall be forfeited.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2915.)

-CITE-

17 USC Sec. 1328 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1328. Enforcement by Treasury and Postal Service

-STATUTE-

(a) Regulations. - 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 1308 with

respect to importation. Such 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:

(1) 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.

(2) Furnish proof that the design involved is protected under

this chapter and that the importation of the articles would

infringe the rights in the design under this chapter.

(3) Post a surety bond for any injury that may result if the

detention or exclusion of the articles proves to be unjustified.

(b) Seizure and Forfeiture. - Articles imported in violation of

the rights set forth in section 1308 are subject to seizure and

forfeiture in the same manner as property imported in violation of

the customs laws. Any such forfeited articles shall be destroyed

as directed by the Secretary of the Treasury or the court, as the

case may be, except that the articles may be returned to the

country of export whenever it is shown to the satisfaction of the

Secretary of the Treasury that the importer had no reasonable

grounds for believing that his or her acts constituted a violation

of the law.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2916.)

-REFTEXT-

REFERENCES IN TEXT

Section 337 of the Tariff Act of 1930, referred to in subsec.

(a)(1), is classified to section 1337 of Title 19, Customs Duties.

-CITE-

17 USC Sec. 1329 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1329. Relation to design patent law

-STATUTE-

The issuance of a design patent under title 35, United States

Code, for an original design for an article of manufacture shall

terminate any protection of the original design under this chapter.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2916.)

-CITE-

17 USC Sec. 1330 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1330. Common law and other rights unaffected

-STATUTE-

Nothing in this chapter shall annul or limit -

(1) common law or other rights or remedies, if any, available

to or held by any person with respect to a design which has not

been registered under this chapter; or

(2) any right under the trademark laws or any right protected

against unfair competition.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2916.)

-CITE-

17 USC Sec. 1331 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1331. Administrator; Office of the Administrator

-STATUTE-

In this chapter, the ''Administrator'' is the Register of

Copyrights, and the ''Office of the Administrator'' and the

''Office'' refer to the Copyright Office of the Library of

Congress.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2916.)

-CITE-

17 USC Sec. 1332 01/06/03

-EXPCITE-

TITLE 17 - COPYRIGHTS

CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS

-HEAD-

Sec. 1332. No retroactive effect

-STATUTE-

Protection under this chapter shall not be available for any

design that has been made public under section 1310(b) before the

effective date of this chapter.

-SOURCE-

(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

2916.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in text, is Oct.

28, 1998. See Effective Date note set out under section 1301 of

this title.

-CITE-