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event one-half of the penalty shall be awarded to the per-
son suing and the remainder shall be awarded to the Unit-
ed States.
‘‘§ 1227. Penalty for false representation
‘‘Whoever knowingly makes a false representation
materially affecting the rights obtainable under this chap-
ter for the purpose of obtaining registration of a design
under this chapter shall pay a penalty of not less than
$500 and not more than $1,000, and any rights or privi-
leges that individual may have in the design under this
chapter shall be forfeited.
‘‘§ 1228. 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 1208 with respect to importation.
These regulations may require, as a condition for the ex-
clusion 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.
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‘‘(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 1208 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.
‘‘§ 1229. Relation to design patent and copyright law
‘‘The issuance of a design patent under title 35 for
an original design for an article of manufacture, or the
issuance of a copyright registration under title 17 for an
original design, shall terminate any protection of the origi-
nal design under this chapter.
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‘‘§ 1230. 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.
‘‘§ 1231. Administrator
‘‘The Administrator and Office of the Administrator
referred to in this chapter shall be the Register of Copy-
rights and the Copyrights Office of the Library of Con-
gress, respectively.
‘‘§ 1232. No retroactive effect
‘‘Protection under this chapter shall not be available
for any design that has been made public under section
1209(b) before the effective date of this chapter.’’.
SEC. 3. CONFORMING AMENDMENTS.
(a) 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 10 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,’’.
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(B) The table of sections at the beginning of chapter
85 of title 28, United States Code, is amended by inserting
‘‘designs,’’ after ‘‘mask words,’’.
(b) PLACE OF DESIGN ACTIONS.—Section 1400(a) of
title 28, United States Code, is amended by inserting ‘‘or
designs’’ after ‘‘mask words,’’.
(c) 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 10 of title 17,’’ after ‘‘title 17’’.
SEC. 4. EFFECTIVE DATE.
The amendments made by sections 2 and 3 shall take
effect one year after the date of the enactment of this Act.
Æ