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01/19/04 -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.) -End- -CITE- 17 USC Sec. 1326 01/19/04 -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.) -End- -CITE- 17 USC Sec. 1327 01/19/04 -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.) -End- -CITE- 17 USC Sec. 1328 01/19/04 -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. -End- -CITE- 17 USC Sec. 1329 01/19/04 -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.) -End- -CITE- 17 USC Sec. 1330 01/19/04 -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.) -End- -CITE- 17 USC Sec. 1331 01/19/04 -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.) -End- -CITE- 17 USC Sec. 1332 01/19/04 -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. -End-

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