H. R To amend title 17, United States Code, to provide protection for fashion design. IN THE HOUSE OF REPRESENTATIVES A BILL

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1 I 110TH CONGRESS 1ST SESSION H. R. 0 To amend title 17, United States Code, to provide protection for fashion design. IN THE HOUSE OF REPRESENTATIVES APRIL, 007 Mr. DELAHUNT (for himself, Mr. GOODLATTE, Mrs. MALONEY of New York, and Mrs. BONO) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, to provide protection for fashion design Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the Design Piracy Prohibition Act. SEC.. PROTECTION FOR FASHION DESIGN. (a) DESIGNS PROTECTED. Section 101 of title 17, United States Code, is amended bajohnson on PROD1PC77 with BILLS 9 (1) in subsection (a), by adding at the end the 10 following: VerDate Aug : Apr, 007 Jkt 0900 PO Frm Fmt Sfmt 01 E:\BILLS\H0.IH H0

2 1 () FASHION DESIGN. A fashion design is subject to protection under this chapter. ; and () in subsection (b) (A) in paragraph (), by inserting or an article of apparel, after plug or mold, ; and (B) by adding at the end the following new 7 paragraphs: 8 (7) A fashion design is the appearance as a 9 whole of an article of apparel, including its ornamen- 10 tation. 11 (8) The term design includes fashion design, 1 except to the extent expressly limited to the design 1 of a vessel. 1 (9) The term apparel means 1 (A) an article of men s, women s, or chil- 1 dren s clothing, including undergarments, outer- 17 wear, gloves, footwear, and headgear; 18 (B) handbags, purses, and tote bags; 19 (C) belts; and 0 (D) eyeglass frames.. 1 (b) DESIGNS NOT SUBJECT TO PROTECTION. Sec- tion 10 of title 17, United States Code, is amended in paragraph () (1) by striking () and inserting ()(A) in the case of a design of a vessel hull, ; VerDate Aug : Apr, 007 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

3 1 () by striking the period and inserting ; or ; and () by adding at the end the following: (B) in the case of a fashion design, embodied in a useful article that was made public by the de- signer or owner in the United States or a foreign 7 country more than months before the date of the 8 application for registration under this chapter.. 9 (c) TERM OF PROTECTION. Section 10(a) of title 10 17, United States Code, is amended to read as follows: 11 (a) IN GENERAL. Subject to subsection (b), the 1 protection provided under this chapter 1 (1) for a design of a vessel hull shall continue 1 for a term of 10 years beginning on the date of the 1 commencement of protection under section 10; 1 and 17 () for a fashion design shall continue for a 18 term of years beginning on the date of the com- 19 mencement of protection under section (d) INFRINGEMENT. Section 109 of title 17, 1 United States Code, is amended (1) in subsection (c), by striking that a design was protected and inserting or reasonable grounds to know that protection for the design is claimed ; VerDate Aug : Apr, 007 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

4 1 () in subsection (e), by inserting or from an image thereof, after copied from a design pro- tected under this chapter, ; and () by adding at the end the following new sub- section: (h) SECONDARY LIABILITY. The doctrines of sec- 7 ondary infringement and secondary liability that are ap- 8 plied in actions under chapter of this title apply to the 9 same extent to actions under this chapter. Any person who 10 is liable under either such doctrine under this chapter is 11 subject to all the remedies provided under this chapter, 1 including those attributable to any underlying or resulting 1 infringement.. 1 (e) APPLICATION FOR REGISTRATION. Section of title 17, United States Code, is amended 1 (1) in subsection (a), by striking the text and 17 inserting the following: 18 (1) VESSEL HULL DESIGN. In the case of a 19 design of a vessel hull, protection under this chapter 0 shall be lost if application for registration of the de- 1 sign is not made within years after the date on which the design is first made public. () FASHION DESIGN. In the case of a fash- ion design, protection under this chapter shall be lost if application for registration of the design is VerDate Aug : Apr, 007 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

5 not made within months after the date on which the design is first made public. ; and () in subsection (b), by striking for sale and inserting for individual or public sale. (f) EXAMINATION OF APPLICATION AND ISSUE OR REFUSAL OF REGISTRATION. Section 11(a) of title 17, United States Code, is amended by striking subject to protection under this chapter and inserting within the subject matter protected under this chapter. (g) RECOVERY FOR INFRINGEMENT. Section 1(a) of title 17, United States Code, is amended by striking $0,000 or $1 per copy and inserting $0,000 or $ per copy. (h) OTHER RIGHTS NOT AFFECTED. Section 10 of title 17, United States Code, is amended (1) in paragraph (1), by striking or after the semicolon; () in paragraph (), by striking the period and inserting ; or ; and () by adding at the end the following: () any rights that may exist under provisions of this title other than this chapter.. Æ bajohnson on PROD1PC77 with BILLS VerDate Aug : Apr, 007 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0