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Copyright Act
« 17 USC Sec. 1205 | Index | 17 USC Sec. 1302 »
17 USC Sec. 1301 - Designs protected
(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).''
« 17 USC Sec. 1205 | Index | 17 USC Sec. 1302 »
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