APPENDIX I.-FURTHER LEGISLATIVE MATERIALS 100TH CONGRESS 1ST SESSION H. R. 379 To amend the copyright law, title 17 of the United States Code, to provide for protection of ornamental designs of useful articles and enforcement of patents, copyrights and trademarks in international trade. IN THE HOUSE OF REPRESENTATIVES Mr. MOORHEAD introduced the following bill; which was referred to the A BILL To amend the copyright law, title 17 of the United States Code, to provide for protection of ornamental designs of useful articles and enforcement of patents, copyrights and trademarks in international trade. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 TITLE I-PROTECTION OF INDUSTRIAL DESIGNS 4 SECTION 1. Title 17, United States Code, is amended 5 by adding at the end thereof the following new chapter: 2 "1002. Designs not subject to protection. "1003. Revision, adaptations, and rearrangements. "1004. Commencement of protection. "1005. Term of protection. "1006. The design notice. 1 2 "1007. Effect of omission of notice. "1008. Infringement. "1009. Application for registration. "1010. Benefit of earlier filing date in foreign country. "1011. Oaths and acknowledgments. "1012. Examination of application and issue or refusal of registration. "1013. Certification of registration. "1014. Publication of announcements and indexes. "1015. Fees. "1016. Regulations. "1017. Copies of records. "1018. Correction of errors in certificates. "1019. Ownership and transfer. "1020. Remedy for infringement. "1021. Injunction. "1022. Recovery for infringement, and so forth. "1023. Power of court over registration. "1024. Liability for action on registration fraudulently obtained. "1025. Penalty for false marking. "1026. Penalty for false representation. "1027. Relation to copyright law. "1028. Relation to patent law. "1029. Common law and other rights unaffected. "1030. Administrator. "1031. Severability clause. "1032. Amendment of other statutes. "1033. Time of taking effect. "1034. No retroactive effect. "1035. Short title. "DESIGNS PROTECTED "SEC. 1001. (a) The author or other proprietor of an 3 original design of a useful article, which design is intended to 4 make the article attractive or distinct in appearance to the 5 purchasing or using public, may secure the protection provid6 ed by this chapter upon complying with and subject to the 7 provisions hereof. 8 "(b) For the purposes of this chapter HR 379 IH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 3 "(1) A 'useful article' is an article which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article which normally is a part of a useful article shall be deemed to be a useful article. "(2) The 'design of a useful article', hereinafter referred to as a 'design', consists of those aspects or elements of the article, including its two-dimensional or three-dimensional features of shape and surface, which make up the appearance of the article. The design must be fixed in a useful article to be protectable under this chapter. “(3) A design is 'original' if it is the independent creation of an author who did not copy it from another source. "DESIGNS NOT SUBJECT TO PROTECTION "SEC. 1002. Protection under this chapter shall not be "(b) staple or commonplace, such as a standard geometric figure, familiar symbol, emblem, or motif, or other shape, pattern, or configuration which has become common, prevalent, or ordinary; "(c) different from a design excluded by subpara graph (b) above only in insignificant details or in HR 379 IH 4 1 2 3 4 5 6 elements which are variants commonly used in the rel evant trades; "(d) dictated solely by a utilitarian function of the article that embodies it; "(e) composed of three-dimensional features of shape and surface with respect to men's, women's, and 7 children's apparel, including undergarments and 8 6 10 11 12 13 14 15 16 17 outerwear; "(f) a semiconductor chip product which is pro tected under chapter 9 of this title; or “(g) in no case does protection for a design under this chapter extend to any idea, procedure, process, system, method of operation, concept, principle, or dis covery, regardless of the form in which it is described, explained, illustrated, or embodied in such design. "SEC. 1003. Protection for a design under this chapter 18 shall be available notwithstanding the employment in the 19 design of subject matter excluded from protection under sec20 tion 1002 (b) through (d), if the design is a substantial revi21 sion, adaptation, or rearrangement of said subject matter: 22 Provided, That such protection shall be available to a design 23 employing subject matter protected under chapters 1 through 24 8 of this title, or title 35 of the United States Code or this 25 chapter, only if such protected subject matter is employed 26 with the consent of the proprietor thereof. Such protection HR 379 IH |