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1 public under such conditions as the Administrator may

2 prescribe.

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4

"FEES

"SEC. 1015. (a) There shall be paid to the Administra

5 tor the following fees:

"(1) On filing each application for registration or

for renewal of registration of a design, $15.

"(2) For each additional related article included in one application, $15.

"(3) For recording an assignment, $3 for the first six pages, and for each additional two pages or less,

$1.

"(4) For a certificate of correction of an error not

the fault of the Office, $10.

"(5) For a certification of copies of records, $1.

"(6) On filing each application for cancellation of

a registration, $15.

"(b) The Administrator may establish charges for mate

19 rials or services furnished by the Office, not specified above,

20 reasonably related to the cost thereof.

21

22

"REGULATIONS

"SEC. 1016. The Administrator may establish regula

23 tions not inconsistent with law for the administration of

24 this chapter.

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"COPIES OF RECORDS

"SEC. 1017. Upon payment of the prescribed fee, any

3 person may obtain a certified copy of any official record of 4 the Office of the Administrator, which copy shall be admissi

5 ble in evidence with the same effect as the original.

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7

"CORRECTION OF ERRORS IN CERTIFICATES

"SEC. 1018. The Administrator may correct any error

8 in a registration incurred through the fault of the Office, or, 9 upon payment of the required fee, any error of a clerical or 10 typographical nature not the fault of the Office occurring in 11 good faith, by a certificate of correction under seal. Such reg12 istration, together with the certificate, shall thereafter have 13 the same effect as if the same had been originally issued in 14 such corrected form.

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"OWNERSHIP AND TRANSFER

"SEC. 1019. (a) The property right in a design subject 17 to protection under this chapter shall vest in the author, the 18 legal representatives of a deceased author or of one under 19 legal incapacity, the employer for whom the author created 20 the design in the case of a design made within the regular 21 scope of the author's employment, or a person to whom the 22 rights of the author or of such employer have been trans23 ferred. The person or persons in whom the property right is 24 vested shall be considered the proprietor of the design.

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1 "(b) The property right in a registered design, or a 2 design for which an application for registration has been or 3 may be filed, may be assigned, granted, conveyed, or mort4 gaged by an instrument in writing, signed by the proprietor, 5 or may be bequeathed by will.

6

"(c) An acknowledgment as provided in section 1011 7 shall be prima facie evidence of the execution of an assign

8 ment, grant, conveyance, or mortgage.

9

"(d) An assignment, grant, conveyance, or mortgage 10 shall be void as against any subsequent purchaser or mortga11 gee for a valuable consideration, without notice, unless it is 12 recorded in the Office of the Administrator within three 13 months from its date of execution or prior to the date of such 14 subsequent purchase or mortgage.

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"REMEDY FOR INFRINGEMENT

"SEC. 1020. (a) The proprietor of a design shall have

17 remedy for infringement by civil action instituted after issu18 ance of a certificate of registration of the design.

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"(b) The proprietor of a design may have judicial review 20 of a final refusal of the Administrator to register the design, 21 by a civil action brought as for infringement and shall have 22 remedy for infringement by the same action if the court ad23 judges the design subject to protection under this chapter: 24 Provided, That (1) he has previously duly filed and duly pros25 ecuted to such final refusal an application in proper form for

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1 registration of the design, and (2) he causes a copy of the 2 complaint in action to be delivered to the Administrator 3 within ten days after the commencement of the action, and 4 (3) the defendant has committed acts in respect to the design 5 which would constitute infringement with respect to a design 6 protected under this chapter.

7 "(c) The Administrator may, at his or her option, 8 become a party to the action with respect to the issue of 9 registrability of the design claim by entering an appearance 10 within sixty days after such service, but the Administrator's 11 failure to become a party shall not deprive the court of juris12 diction to determine that issue.

13

"(d) The parties to an infringement dispute under this 14 law, within such time as may be specified by the Administra15 tor by regulation, may determine such contest or any aspect 16 thereof by arbitration. Such arbitration shall be governed by 17 the provision of title 9 to the extent such title is not inconsist18 ent with this section. The parties shall give notice of any 19 arbitration award to the Administrator, and such award shall, 20 as between the parties to the arbitration be dispositive of the 21 issues to which it relates. The arbitration award shall be un22 enforceable until such notice is given. Nothing in this subsec23 tion shall preclude the Administrator from determining 24 whether a design is subject to registration in a cancellation 25 proceeding under section 1012(c).

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"INJUNCTION

"SEC. 1021. The several courts having jurisdiction of 3 actions under this chapter may grant injunctions in accord4 ance with the principles of equity to prevent infringement, 5 including, in their discretion, prompt relief by temporary re6 straining orders and preliminary injunctions.

7

8

"RECOVERY FOR INFRINGEMENT, AND SO FORTH

"SEC. 1022. (a) Upon finding for the claimant, the court 9 shall award such claimant damages adequate to compensate 10 for the infringement, but in no event less than the reasonable 11 value the court shall assess them. In addition, the court may 12 increase the damages to such amount, not exceeding $50,000 13 or $1 per copy, whichever is greater, as to the court shall 14 appear to be just. The damages awarded in any of the above 15 circumstances shall constitute compensation and not a 16 penalty. The court may receive expert testimony as an aid to 17 the determination of damages.

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"(b) Alternatively, the court may award the claimant 19 the infringer's profits resulting from the sale of the copies if it 20 finds that the infringer's sales are reasonably related to the 21 use of the claimant's design. In such a case, the claimant 22 shall be required to prove only the infringer's sales and the 23 infringer shall be required to prove its expenses against such 24 sales.

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