§ 1301. — Designs protected.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1301]
TITLE 17--COPYRIGHTS
CHAPTER 13--PROTECTION OF ORIGINAL DESIGNS
Sec. 1301. Designs protected
(a) Designs Protected.--
(1) In general.--The designer or other owner of an original
design of a useful article which makes the article attractive or
distinctive in appearance to the purchasing or using public may
secure the protection provided by this chapter upon complying with
and subject to this chapter.
(2) Vessel hulls.--The design of a vessel hull, including a plug
or mold, is subject to protection under this chapter,
notwithstanding section 1302(4).
(b) Definitions.--For the purpose of this chapter, the following
terms have the following meanings:
(1) A design is ``original'' if it is the result of the
designer's creative endeavor that provides a distinguishable
variation over prior work pertaining to similar articles which is
more than merely trivial and has not been copied from another
source.
(2) A ``useful article'' is a vessel hull, including a plug or
mold, which in normal use has an intrinsic utilitarian function that
is not merely to portray the appearance of the article or to convey
information. An article which normally is part of a useful article
shall be deemed to be a useful article.
(3) A ``vessel'' is a craft--
(A) that is designed and capable of independently steering a
course on or through water through its own means of propulsion;
and
(B) that is designed and capable of carrying and
transporting one or more passengers.
(4) A ``hull'' is the frame or body of a vessel, including the
deck of a vessel, exclusive of masts, sails, yards, and rigging.
(5) A ``plug'' means a device or model used to make a mold for
the purpose of exact duplication, regardless of whether the device
or model has an intrinsic utilitarian function that is not only to
portray the appearance of the product or to convey information.
(6) A ``mold'' means a matrix or form in which a substance for
material is used, regardless of whether the matrix or form has an
intrinsic utilitarian function that is not only to portray the
appearance of the product or to convey information.
(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.
2905; amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V,
Sec. 5005(a)(3)], Nov. 29, 1999, 113 Stat. 1536, 1501A-593.)
Amendments
1999--Subsec. (b)(3). Pub. L. 106-113 amended par. (3) generally.
Prior to amendment, par. (3) read as follows: ``A `vessel' is a craft,
especially one larger than a rowboat, designed to navigate on water, but
does not include any such craft that exceeds 200 feet in length.''
Effective Date
Pub. L. 105-304, title V, Sec. 505, Oct. 28, 1998, 112 Stat. 2918,
as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V,
Sec. 5005(a)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-593, provided
that: ``The amendments made by sections 502 and 503 [enacting this
chapter and amending sections 1338, 1400, and 1498 of Title 28,
Judiciary and Judicial Procedure] shall take effect on the date of the
enactment of this Act [Oct. 28, 1998].''
Joint Study of Effect of This Chapter
Pub. L. 105-304, title V, Sec. 504, Oct. 28, 1998, 112 Stat. 2917,
as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4741(b)(1), title V, Sec. 5005(a)(1)], Nov. 29, 1999, 113 Stat.
1536, 1501A-586, 1501A-593, provided that:
``(a) In General.--Not later than November 1, 2003, the Register of
Copyrights and the Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office shall
submit to the Committees on the Judiciary of the Senate and the House of
Representatives a joint report evaluating the effect of the amendments
made by this title [enacting this chapter and amending sections 1338,
1400, and 1498 of Title 28, Judiciary and Judicial Procedure].
``(b) Elements for Consideration.--In carrying out subsection (a),
the Register of Copyrights and the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent and
Trademark Office shall consider--
``(1) the extent to which the amendments made by this title has
been effective in suppressing infringement of the design of vessel
hulls;
``(2) the extent to which the registration provided for in
chapter 13 of title 17, United States Code, as added by this title,
has been utilized;
``(3) the extent to which the creation of new designs of vessel
hulls have been encouraged by the amendments made by this title;
``(4) the effect, if any, of the amendments made by this title
on the price of vessels with hulls protected under such amendments;
and
``(5) such other considerations as the Register and the Under
Secretary of Commerce for Intellectual Property and Director of the
United States Patent and Trademark Office may deem relevant to
accomplish the purposes of the evaluation conducted under subsection
(a).''
