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COPYRIGHT ACT
Home | Legal Research | MegaLaw Topic Index | Copyright Law
Copyright Act

« 17 USC Sec. 1306 | Index | 17 USC Sec. 1308 »

17 USC Sec. 1307 - Effect of omission of notice


      (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.


« 17 USC Sec. 1306 | Index | 17 USC Sec. 1308 »

 

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