§ 1307. — Effect of omission of notice.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1307]
TITLE 17--COPYRIGHTS
CHAPTER 13--PROTECTION OF ORIGINAL DESIGNS
Sec. 1307. Effect of omission of notice
(a) Actions With Notice.--Except as provided in subsection (b), the
omission of the notice prescribed in section 1306 shall not cause loss
of the protection under this chapter or prevent recovery for
infringement under this chapter against any person who, after receiving
written notice of the design protection, begins an undertaking leading
to infringement under this chapter.
(b) Actions Without Notice.--The omission of the notice prescribed
in section 1306 shall prevent any recovery under section 1323 against a
person who began an undertaking leading to infringement under this
chapter before receiving written notice of the design protection. No
injunction shall be issued under this chapter with respect to such
undertaking unless the owner of the design reimburses that person for
any reasonable expenditure or contractual obligation in connection with
such undertaking that was incurred before receiving written notice of
the design protection, as the court in its discretion directs. The
burden of providing written notice of design protection shall be on the
owner of the design.
(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.
2907.)
Section Referred to in Other Sections
This section is referred to in section 1306 of this title.
