(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.

Section 1329.  Relation to design patent law

The issuance of a design patent under title 35, United States Code, for an original design for an article of manufacture shall terminate any protection of the original design under this chapter.

Section 1330.  Common law and other rights unaffected

Nothing in this chapter shall annul or limit-

(1) common law or other rights or remedies, if any, available to or held by any person with respect to a design which has not been registered under this chapter; or

(2) any right under the trademark laws or any right protected against unfair competition.

Section 1331.  Administrator; Office of the Administrator

In this chapter, the “Administrator” is the Register of Copyrights, and the “Office of the Administrator” and the “Office” refer to the Copyright Office of the Library of Congress.

Section 1332.  No retroactive effect

Protection under this chapter shall not be available for any design that has been made public under section 1310(b) before the effective date of this chapter.

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Chapter 13 Endnotes

1 In 1998, the Vessel Hull Design Protection Act added chapter 13, entitled “Protection of Original Designs,” to title 17.  Pub.  L. No. 105-304, 112 Stat. 2860, 2905.  The Vessel Hull Design Protection Act is title V of the Digital Millennium Copyright Act, Pub.  L. No. 105-304, 112 Stat. 2860.

2 The Satellite Home Viewer Improvement Act of 1999 amended section 1301(b)(3) in its entirety.  Pub.  L. No. 106-113, 113 Stat. 1501, app.  I at 1501A-593.

3 In 1999, section 1302(5) was amended to substitute “2 years” in lieu of “1 year.”  Pub.  L. No. 106-44, 113 Stat. 221, 222.