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

Similar documents
IN THE SENATE OF THE UNITED STATES 111th Cong., 2d Sess. S. 3728

H. R IN THE HOUSE OF REPRESENTATIVES A BILL

H. R IN THE HOUSE OF REPRESENTATIVES

H. R IN THE HOUSE OF REPRESENTATIVES

H. R To amend the District of Columbia Home Rule Act to eliminate Congressional review of newly-passed District laws.

H. R IN THE HOUSE OF REPRESENTATIVES

S To amend title 28, United States Code, to modify venue requirements relating to bankruptcy proceedings. IN THE SENATE OF THE UNITED STATES

S To ensure the compliance of Iran with agreements relating to Iran s nuclear program. IN THE SENATE OF THE UNITED STATES

Strike all that follows after the enacting clause and insert the following:

AMENDMENT TO H.R OFFERED BY MR. SMITH OF TEXAS

H. R. ll. To amend title 35, United States Code, to add procedural requirements for patent infringement suits, and for other purposes.

H. R IN THE HOUSE OF REPRESENTATIVES

H. R. 612 IN THE HOUSE OF REPRESENTATIVES

H. R To modernize and reform the Bureau of Alcohol, Tobacco, Firearms, and Explosives. IN THE HOUSE OF REPRESENTATIVES

H. R. ll. To amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana, and for other purposes.

H. R To amend the Federal Food, Drug, and Cosmetic Act with respect to compounding pharmacies, and for other purposes.

H. R IN THE HOUSE OF REPRESENTATIVES

H. R IN THE HOUSE OF REPRESENTATIVES

H. R. ll. To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.

H. R IN THE HOUSE OF REPRESENTATIVES

S IN THE SENATE OF THE UNITED STATES

The President. Part IV. Friday, July 20, Executive Order Establishing an Interagency Working Group on Import Safety

H. R IN THE HOUSE OF REPRESENTATIVES

Strike all after the enacting clause and insert the

SOUTHEAST FEDERAL CENTER PUBLIC- PRIVATE DEVELOPMENT ACT OF 2000

H. R. ll. To amend section 552 of title 5, United States Code (commonly

S To amend title 18, United States Code, to enhance protections of Native American cultural objects, and for other purposes.

H. R To protect, consistent with Roe v. Wade, a woman s freedom to choose to bear a child or terminate a pregnancy, and for other purposes.

H. R To amend section 552 of title 5, United States Code (commonly

S IN THE SENATE OF THE UNITED STATES

H. J. RES. ll IN THE HOUSE OF REPRESENTATIVES JOINT RESOLUTION

S IN THE SENATE OF THE UNITED STATES

H. R To amend the Age Discrimination in Employment Act of 1967 to clarify the appropriate standard of proof. IN THE HOUSE OF REPRESENTATIVES

H. R. ll. To amend the Communications Act of 1934 to provide for enhanced penalties for pirate radio, and for other purposes.

S To amend certain laws relating to Native Americans to make technical corrections, and for other purposes. IN THE SENATE OF THE UNITED STATES

H. R. 511 IN THE HOUSE OF REPRESENTATIVES

S [Report No ]

H. R. ll. To facilitate the provision of humanitarian relief to Cuba. IN THE HOUSE OF REPRESENTATIVES A BILL

S To designate certain National Forest System land in the State of Idaho as wilderness. IN THE SENATE OF THE UNITED STATES

2d Session FEDERAL ADVISORY COMMITTEE ACT AMENDMENTS OF 2008

Water Resources Committee/Board of Directors. Frances Mizuno, Interim Executive Director

S To provide for wildfire suppression operations, and for other purposes. IN THE SENATE OF THE UNITED STATES

H. R. ll IN THE HOUSE OF REPRESENTATIVES A BILL

S To prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market.

S IN THE SENATE OF THE UNITED STATES

ASC QUALITY REPORT. (a) Outpatient Hospital Services.

H. R. ll. To amend the Federal Food, Drug, and Cosmetic Act to prevent the abuse of dextromethorphan, and for other purposes.

Strike all after the enacting clause and insert the

JOHN F. KENNEDY CENTER PLAZA AUTHORIZATION ACT OF 2002

S IN THE SENATE OF THE UNITED STATES

[Discussion Draft] [DISCUSSION DRAFT] H. R. ll

H. R. 56. a Fintech Leadership in Innovation and Financial Intelligence

H. R. ll IN THE HOUSE OF REPRESENTATIVES A BILL

H. R. ll. To increase competition in the pharmaceutical industry. IN THE HOUSE OF REPRESENTATIVES A BILL

1st Session PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1908) TO AMEND TITLE 35, UNITED STATES CODE, TO PRO- VIDE FOR PATENT REFORM

S To provide protections for workers with respect to their right to select or refrain from selecting representation by a labor organization.

of Nebraska - Lincoln

Strike all after the enacting clause and insert the

S To protect, consistent with Roe v. Wade, a woman s freedom to choose to bear a child or terminate a pregnancy, and for other purposes.

No. 34 February 20, The President

TITLE I PERMANENT PROGRAM AUTHORIZATION

H. R. 180 IN THE HOUSE OF REPRESENTATIVES

THE PRESIDENT OF THE UNITED STATES

H. R. ll IN THE HOUSE OF REPRESENTATIVES A BILL

H. R. ll. To prevent the purchase of ammunition by prohibited purchasers. IN THE HOUSE OF REPRESENTATIVES A BILL

H. R. ll. To prohibit employment discrimination on the basis of sexual orientation or gender identity. IN THE HOUSE OF REPRESENTATIVES A BILL

INTERPRETATION OF LEGISLATION INTERROGATION BY SPEAKING SENATOR INTRODUCTION OF BILLS INTRODUCTION OF RESOLUTIONS INVESTIGATIONS AND INQUIRIES

H. R To protect, consistent with Roe v. Wade, a woman s freedom to choose to bear a child or terminate a pregnancy, and for other purposes.

IRAN NONPROLIFERATION ACT OF 2000

CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED)

H. R To amend the Immigration and Nationality Act to provide enhanced security measures for the visa waiver program, and for other purposes.

[Discussion Draft] [DISCUSSION DRAFT] H. R. ll

H. R. ll IN THE HOUSE OF REPRESENTATIVES A BILL

The President. Part III. Thursday, November 19, Executive Order Establishment of the Financial Fraud Enforcement Task Force

S. RES. 477 IN THE SENATE OF THE UNITED STATES

S. RES. 542 IN THE SENATE OF THE UNITED STATES RESOLUTION

H. R IN THE SENATE OF THE UNITED STATES. FEBRUARY 25, 2010 Received. FEBRUARY 26, 2010 Read the first time

S IN THE SENATE OF THE UNITED STATES

Public Law th Congress An Act

[DISCUSSION DRAFT] H. R. ll. To amend title 35, United States Code, to restore patent rights to inventors, and for other purposes.

[Discussion Draft] [DISCUSSION DRAFT] SEPTEMBER 6, H. R. ll

Suspend the Rules and Pass the Bill, S. 1, with An Amendment. (The amendment strikes all after the enacting clause and inserts a new text) S.

NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM ACT OF 2000

H. R To promote the development of democratic institutions and full respect for human rights in the countries of Central Asia.

H. R. 356 IN THE SENATE OF THE UNITED STATES. MAY 16, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT

S IN THE SENATE OF THE UNITED STATES

THE PRESIDENT OF THE UNITED STATES

H. R. ll. To facilitate and streamline the Bureau of Reclamation process for creating or expanding surface water storage under Reclamation law.

H. R [Report No ]

Presidential Documents

H. R. ll. To establish reasonable procedural protections for the use of national security letters, and for other purposes.

POINTS OF ORDER. Rule XX. [Questions of Order]

THE PRESIDENT OF THE UNITED STATES

The President. Part II. Thursday, July 3, 2008

H. R. ll. To set forth the process for Puerto Rico to be admitted as a State of the Union. IN THE HOUSE OF REPRESENTATIVES

COMPACT OF FREE ASSOCIATION AMENDMENTS ACT OF 2003

H. RES IN THE HOUSE OF REPRESENTATIVES

Public Law th Congress An Act

Presidential Documents

Public Law th Congress An Act

Transcription:

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. 1 7 8 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 1 00 0: Apr, 007 Jkt 0900 PO 00000 Frm 00001 Fmt Sfmt 01 E:\BILLS\H0.IH H0

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 1 00 0: Apr, 007 Jkt 0900 PO 00000 Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

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 10.. 0 (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 1 00 0: Apr, 007 Jkt 0900 PO 00000 Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

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 110 1 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 1 00 0: Apr, 007 Jkt 0900 PO 00000 Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

1 7 8 9 10 11 1 1 1 1 1 17 18 19 0 1 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 1 00 0: Apr, 007 Jkt 0900 PO 00000 Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0