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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 sec-
tion 337 of the Tariff Act of 1930 excluding, impor-
tation of the articles.
‘‘(2) Furnish proof that the design involved is
protected under this chapter and that the importa-
tion 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 arti-
cles proves to be unjustified.
‘‘(b) SEIZURE AND FORFEITURE.—Articles imported
in violation of the rights set forth in section 1408 are sub-
ject to seizure and forfeiture in the same manner as prop-
erty imported in violation of the customs laws. Any such
forfeited articles shall be destroyed as directed by the Sec-
retary 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 rea-
sonable grounds for believing that his or her acts con-
stituted a violation of the law.
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‘‘§ 1429. Relation to design patent law
‘‘The issuance of a design patent under title 35 for
an original design for an article of manufacture shall ter-
minate any protection of the original design under this
chapter.
‘‘§ 1430. 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 re-
spect 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.
‘‘§ 1431. 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.
‘‘§ 1432. No retroactive effect
‘‘Protection under this chapter shall not be available
for any design that has been made public under section
1410(b) before the effective date of this chapter.’’.
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SEC. 603. CONFORMING AMENDMENTS.
(a) TABLE OF CHAPTERS.—The table of chapters for
title 17, United States Code, is amended by adding at the
end the following:
‘‘14. Protection of Original Designs ............................................ 1401’’.
(b) JURISDICTION OF DISTRICT COURTS OVER DE-
SIGN ACTIONS.—(1) Section 1338(c) of title 28, United
States Code, is amended by inserting ‘‘, and to exclusive
rights in designs under chapter 14 of title 17,’’ after ‘‘title
17’’.
(2)(A) The section heading for section 1338 of title
28, United States Code, is amended by inserting ‘‘de-
signs,’’ after ‘‘mask works,’’.
(B) The item relating to section 1338 in the table
of sections at the beginning of chapter 85 of title 28,
United States Code, is amended by inserting ‘‘designs,’’
after ‘‘mask works,’’.
(c) PLACE FOR BRINGING DESIGN ACTIONS.—Sec-
tion 1400(a) of title 28, United States Code, is amended
by inserting ‘‘or designs’’ after ‘‘mask works’’.
(d) ACTIONS AGAINST THE UNITED STATES.—Sec-
tion 1498(e) of title 28, United States Code, is amended
by inserting ‘‘, and to exclusive rights in designs under
chapter 14 of title 17,’’ after ‘‘title 17’’.
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SEC. 604. EFFECTIVE DATE.
The amendments made by sections 602 and 603 shall
take effect one year after the date of the enactment of
this Act.
Passed the House of Representatives August 4,
1998.
Attest:
Clerk.