§ 1321. — Remedy for infringement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1321]
TITLE 17--COPYRIGHTS
CHAPTER 13--PROTECTION OF ORIGINAL DESIGNS
Sec. 1321. Remedy for infringement
(a) In General.--The owner of a design is entitled, after issuance
of a certificate of registration of the design under this chapter, to
institute an action for any infringement of the design.
(b) Review of Refusal To Register.--(1) Subject to paragraph (2),
the owner of a design may seek judicial review of a final refusal of the
Administrator to register the design under this chapter by bringing a
civil action, and may in the same action, if the court adjudges the
design subject to protection under this chapter, enforce the rights in
that design under this chapter.
(2) The owner of a design may seek judicial review under this
section if--
(A) the owner has previously duly filed and prosecuted to final
refusal an application in proper form for registration of the
design;
(B) the owner causes a copy of the complaint in the action to be
delivered to the Administrator within 10 days after the commencement
of the action; and
(C) the defendant has committed acts in respect to the design
which would constitute infringement with respect to a design
protected under this chapter.
(c) Administrator as Party to Action.--The Administrator may, at the
Administrator's option, become a party to the action with respect to the
issue of registrability of the design claim by entering an appearance
within 60 days after being served with the complaint, but the failure of
the Administrator to become a party shall not deprive the court of
jurisdiction to determine that issue.
(d) Use of Arbitration To Resolve Dispute.--The parties to an
infringement dispute under this chapter, within such time as may be
specified by the Administrator by regulation, may determine the dispute,
or any aspect of the dispute, by arbitration. Arbitration shall be
governed by title 9. The parties shall give notice of any arbitration
award to the Administrator, and such award shall, as between the parties
to the arbitration, be dispositive of the issues to which it relates.
The arbitration award shall be unenforceable until such notice is given.
Nothing in this subsection shall preclude the Administrator from
determining whether a design is subject to registration in a
cancellation proceeding under section 1313(c).
(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.
2913.)
