I 
111TH CONGRESS 
1ST SESSION H. R. 2196 
To amend title 17, United States Code, to extend protection to fashion 
design, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 30, 2009 
Mr. DELAHUNT (for himself, Mr. GOODLATTE, Mr. NADLER of New York, Mr. 
ISSA, Ms. JACKSON-LEE of Texas, Mrs. BONO MACK, Mr. SENSEN-
BRENNER, Ms. WASSERMAN SCHULTZ, Mr. COBLE, Mr. MAFFEI, Mr. 
WEINER, Mr. RANGEL, Mr. WEXLER, Ms. WATERS, Mr. COHEN, Mrs. 
MALONEY, Mr. GEORGE MILLER of California, and Ms. DELAURO) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend title 17, United States Code, to extend protection 
to fashion design, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Design Piracy Prohibi-
tion Act’’. 
SEC. 2. AMENDMENTS TO TITLE 17, UNITED STATES CODE. 
(a) DESIGNS PROTECTED.—Section 1301 of title 17, 
United States Code, is amended— 
VerDate Nov 24 2008 
02:41 May 02, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2196.IH
H2196
jbell on PROD1PC69 with BILLS
(1) in subsection (a), by adding at the end the 
following: 
‘‘(3) FASHION
DESIGN.—A fashion design is 
subject to protection under this chapter.’’; and 
(2) in subsection (b)— 
(A) in paragraph (2), by inserting ‘‘, or an 
article of apparel,’’ after ‘‘plug or mold’’; and 
(B) by adding at the end the following: 
‘‘(7) A ‘fashion design’— 
‘‘(A) is the appearance as a whole of an 
article of apparel, including its ornamentation; 
and 
‘‘(B) includes original elements of the arti-
cle of apparel or the original arrangement or 
placement of original or non-original elements 
as incorporated in the overall appearance of the 
article of apparel. 
‘‘(8) The term ‘design’ includes fashion design, 
except to the extent expressly limited to the design 
of a vessel. 
‘‘(9) The term ‘apparel’ means— 
‘‘(A) an article of men’s, women’s, or chil-
dren’s clothing, including undergarments, outer-
wear, gloves, footwear, and headgear; 
VerDate Nov 24 2008 
02:41 May 02, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2196.IH
H2196
jbell on PROD1PC69 with BILLS
‘‘(B) handbags, purses, wallets, duffel 
bags, suitcases, tote bags, and belts; and 
‘‘(C) eyeglass frames. 
‘‘(10) In the case of a fashion design, the term 
‘trend’ means a newly popular concept, idea, or prin-
ciple expressed in, or as part of, a wide variety of 
designs of articles of apparel that create an imme-
diate amplified demand for articles of apparel em-
bodying that concept, idea, or principle.’’. 
(b) DESIGNS NOT SUBJECT TO PROTECTION.—Sec-
tion 1302(5) of title 17, United States Code, is amend-
ed— 
(1) by striking ‘‘(5)’’ and inserting ‘‘(5)(A) in 
the case of a design of a vessel hull,’’; 
(2) by striking the period and inserting ‘‘; or’’; 
and 
(3) by adding at the end the following: 
‘‘(B) in the case of a fashion design, embodied 
in a useful article that was made public by the de-
signer or owner in the United States or a foreign 
country more than 6 months before the date of the 
application for registration under this chapter.’’. 
(c) REVISIONS, ADAPTATIONS, AND REARRANGE-
MENTS.—Section 1303 of title 17, United States Code, is 
amended by adding at the end the following: ‘‘The pres-
VerDate Nov 24 2008 
02:41 May 02, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2196.IH
H2196
jbell on PROD1PC69 with BILLS
ence or absence of a particular color or colors or of a pic-
torial or graphic work imprinted on fabric shall not be con-
sidered in determining the originality of a fashion design 
under section 1301 or 1302 or this section or the simi-
larity or absence of similarity of fashion designs in deter-
mining infringement under section 1309.’’. 
(d) TERM OF PROTECTION.—Section 1305(a) of title 
17, United States Code, is amended to read as follows: 
‘‘(a) IN GENERAL.—Subject to subsection (b), the 
protection provided under this chapter— 
‘‘(1) for a design of a vessel hull, shall continue 
for a term of 10 years beginning on the date of the 
commencement of protection under section 1304; 
and 
‘‘(2) for a fashion design, shall continue for a 
term of 3 years beginning on the date of the com-
mencement of protection under section 1304.’’. 
(e) INFRINGEMENT.—Section 1309 of title 17, 
United States Code, is amended— 
(1) in subsection (c), by striking ‘‘that a design 
was protected’’ and inserting ‘‘or reasonable grounds 
to know that protection for the design is claimed’’; 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e) INFRINGING ARTICLE DEFINED.— 
VerDate Nov 24 2008 
02:41 May 02, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2196.IH
H2196
jbell on PROD1PC69 with BILLS
‘‘(1) IN GENERAL.—As used in this section, an 
‘infringing article’ is any article the design of which 
has been copied from a design protected under this 
chapter, or from an image thereof, without the con-
sent of the owner of the protected design. An in-
fringing article is not an illustration or picture of a 
protected design in an advertisement, book, peri-
odical, newspaper, photograph, broadcast, motion 
picture, or similar medium. 
‘‘(2) VESSEL HULL DESIGN.—In the case of a 
design of a vessel hull, a design shall not be deemed 
to have been copied from a protected design if it is 
original and not substantially similar in appearance 
to a protected design. 
‘‘(3) FASHION DESIGN.—In the case of a fash-
ion design, a design shall not be deemed to have 
been copied from a protected design if it is original 
and not closely and substantially similar in overall 
visual appearance to a protected design, if it merely 
reflects a trend, or if it is the result of independent 
creation. This paragraph shall not be construed to 
permit the copying of a discrete design protected by 
this chapter.’’; and 
(3) by adding at the end the following: 
VerDate Nov 24 2008 
02:41 May 02, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2196.IH
H2196
jbell on PROD1PC69 with BILLS
‘‘(h) SECONDARY LIABILITY.—The doctrines of sec-
ondary infringement or secondary liability that are applied 
in actions under chapter 5 of this title apply to the same 
extent to actions under this chapter. Any person who is 
liable under either such doctrine under this chapter is sub-
ject to all the remedies provided under this chapter, in-
cluding those attributable to any underlying or resulting 
infringement.’’. 
(f) APPLICATION FOR REGISTRATION.—Section 1310 
of title 17, United States Code, is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) TIME LIMIT FOR APPLICATION FOR REGISTRA-
TION.— 
‘‘(1) VESSEL HULL DESIGN.—In the case of a 
design of a vessel hull, protection under this chapter 
shall be lost if application for registration of the de-
sign is not made within 2 years after the date on 
which the design is first made public. 
‘‘(2) FASHION DESIGN.—In the case of a fash-
ion design, protection under this chapter shall be 
lost if application for registration of the design is 
not made within 6 months after the date on which 
the design is first made public by the designer or 
owner in the United States or a foreign country.’’; 
VerDate Nov 24 2008 
02:41 May 02, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2196.IH
H2196
jbell on PROD1PC69 with BILLS
(2) in subsection (b), by striking ‘‘offered for 
sale’’ and inserting ‘‘offered for individual or public 
sale’’; and 
(3) in subsection (d)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (6) as subparagraphs (A) through (F), 
respectively, and moving such subparagraphs 2 
ems to the right; 
(B) by striking ‘‘The application for reg-
istration shall be made to the Administrator 
and shall state—’’ and inserting the following: 
‘‘(1) IN
GENERAL.—The application for reg-
istration shall be made to the Administrator and 
shall state—’’; and 
(C) by adding at the end the following: 
‘‘(2) VESSEL HULL DESIGNS.—In the case of a 
design of a vessel hull, the application for registra-
tion may include a description setting forth the sa-
lient features of the design, but the absence of such 
a description shall not prevent registration under 
this chapter. 
‘‘(3) FASHION DESIGNS.—In the case of a fash-
ion design, the Administrator shall require a brief 
description of the design for purposes of matching 
the search criteria of the searchable database estab-
VerDate Nov 24 2008 
02:41 May 02, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2196.IH
H2196
jbell on PROD1PC69 with BILLS
lished under section 1333, except that such brief de-
scriptions shall in no way limit the protection grant-
ed to the design or the subject matter of the reg-
istration under this chapter.’’. 
(g) RECOVERY FOR INFRINGEMENT.—Section 1323 
of title 17, United States Code, is amended by striking 
‘‘$50,000 or $1 per copy’’ and inserting ‘‘250,000 or $5 
per copy’’. 
(h) PENALTY FOR FALSE REPRESENTATION.—Sec-
tion 1327 of title 17, United States Code, is amended— 
(1) by striking ‘‘$500’’ and inserting ‘‘5,000’’; 
and 
(2) 
by 
striking 
‘‘$1,000’’ 
and 
inserting 
‘‘$10,000’’. 
(i) COMMON
LAW
AND
OTHER
RIGHTS
UNAF-
FECTED.—Section 1330 of title 17, United States Code, 
is amended— 
(1) in paragraph (1), by striking ‘‘or’’ after the 
semicolon; 
(2) in paragraph (2), by striking the period and 
inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) any rights that may exist under provisions 
of this title other than this chapter.’’. 
VerDate Nov 24 2008 
02:41 May 02, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2196.IH
H2196
jbell on PROD1PC69 with BILLS
(j) SEARCHABLE DATABASE
FOR FASHION DE-
SIGN.— 
(1) IN
GENERAL.—Chapter 13 of title 17, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 1333. Searchable database for fashion design 
‘‘(a) IN GENERAL.—The Administrator shall estab-
lish and maintain a computerized database of fashion de-
signs protected under this chapter. The database— 
‘‘(1) shall be searchable electronically, by gen-
eral apparel and accessory categories; 
‘‘(2) shall include the information required by 
subparagraphs (A), (B), (C), (D), and (F) of para-
graph (1), and paragraph (3), or section 1310(d); 
and 
‘‘(3) shall be available to the public without a 
fee or other access charge. 
‘‘(b) ADDITIONAL REQUIREMENTS.—The database 
under subsection (a) shall contain a substantially complete 
visual representation of all fashion designs that have been 
submitted for registration under this chapter, and shall 
include information as to the status of those designs, such 
as whether such designs are— 
‘‘(1) registered under section 1313(a); 
‘‘(2) denied registration under section 1313 (b); 
VerDate Nov 24 2008 
02:41 May 02, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2196.IH
H2196
jbell on PROD1PC69 with BILLS
‘‘(3) cancelled under section 1313(c); or 
‘‘(4) expired under section 1305.’’. 
(2) CONFORMING AMENDMENT.—The table of 
sections for chapter 13 of title 17, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘1333. Searchable database for fashion design.’’. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as may be necessary to carry out the amendments 
made by this subsection. 
SEC. 3. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect on the date of the enactment of this Act. 
Æ 
VerDate Nov 24 2008 
02:41 May 02, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H2196.IH
H2196
jbell on PROD1PC69 with BILLS