§ 1328. — Enforcement by Treasury and Postal Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1328]
TITLE 17--COPYRIGHTS
CHAPTER 13--PROTECTION OF ORIGINAL DESIGNS
Sec. 1328. Enforcement by Treasury and Postal Service
(a) Regulations.--The Secretary of the Treasury and the United
States Postal Service shall separately or jointly issue regulations for
the enforcement of the rights set forth in section 1308 with respect to
importation. Such regulations may require, as a condition for the
exclusion of articles from the United States, that the person seeking
exclusion take any one or more of the following actions:
(1) Obtain a court order enjoining, or an order of the
International Trade Commission under section 337 of the Tariff Act
of 1930 excluding, importation of the articles.
(2) Furnish proof that the design involved is protected under
this chapter and that the importation of the articles would infringe
the rights in the design under this chapter.
(3) Post a surety bond for any injury that may result if the
detention or exclusion of the articles proves to be unjustified.
(b) Seizure and Forfeiture.--Articles imported in violation of the
rights set forth in section 1308 are subject to seizure and forfeiture
in the same manner as property imported in violation of the customs
laws. Any such forfeited articles shall be destroyed as directed by the
Secretary of the Treasury or the court, as the case may be, except that
the articles may be returned to the country of export whenever it is
shown to the satisfaction of the Secretary of the Treasury that the
importer had no reasonable grounds for believing that his or her acts
constituted a violation of the law.
(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.
2916.)
References in Text
Section 337 of the Tariff Act of 1930, referred to in subsec.
(a)(1), is classified to section 1337 of Title 19, Customs Duties.
