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COPYRIGHT ACT
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Copyright Act
« 17 USC Sec. 1320 | Index | 17 USC Sec. 1322 »
17 USC Sec. 1321 - Remedy for infringement
(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.)
« 17 USC Sec. 1320 | Index | 17 USC Sec. 1322 »
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