1 22 "(c) No recovery under paragraph (a) shall be had for 2 any infringement committed more than three years prior to 3 the filing of the complaint. 4 "(d) The court may award reasonable attorney's fees to 5 the prevailing party. The court may also award other ex6 penses of suit to a defendant prevailing in an action brought 7 under section 1020(b). 8 "(e) The court may order that all infringing articles, and 9 any plates, molds, patterns, models, or other means specifi10 cally adapted for making the same be delivered up for de11 struction or other disposition as the court may direct. 12 13 "POWER OF COURT OVER REGISTRATION "SEC. 1023. In any action involving a design for which 14 protection is sought under this chapter, the court when ap15 propriate may order registration of a design or the cancella16 tion of a registration. Any such order shall be certified by the 17 court to the Administrator, who shall make an appropriate 18 entry upon the record. 19 20 2222235 "LIABILITY FOR ACTION ON REGISTRATION FRAUDULENTLY OBTAINED 21 "SEC. 1024. Any person who shall bring an action for 22 infringement knowing that registration of the design was ob23 tained by a false or fraudulent representation materially af24 fecting the rights under this chapter, shall be liable in the 25 sum of $1,000, or such part thereof as the court may deter 23 1 mine, as compensation to the defendant, to be charged 2 against the plaintiff and paid to the defendant, in addition to 3 such costs and attorney's fees of the defendant as may be 4 assessed by the court. 5 6 "PENALTY FOR FALSE MARKING "SEC. 1025. (a) Whoever, for the purpose of deceiving 7 the public, marks upon, or applies to, or uses in advertising in 8 connection with any article made, used, distributed, or sold, 9 the design of which is not protected under this chapter, a 10 design notice as specified in section 1006 or any other words 11 or symbols importing that the design is protected under this 12 chapter, knowing that the design is not so protected, shall be 13 fined not more than $500 for every such offense. 14 "(b) Any person may sue for the penalty, in which 15 event, one-half shall go to the person suing and the other to 16 the use of the United States. 17 18 "PENALTY FOR False REPRESENTATION "SEC. 1026. Whoever knowingly makes a false repre19 sentation materially affecting the rights obtainable under this 20 chapter for the purpose of obtaining registration of a design 21 under this chapter shall be fined not less than $500 and not 22 more than $1,000, and any rights or privileges he may have 23 in the design under this chapter shall be forfeited. HR 1179 1 2 24 "RELATION TO COPYRIGHT LAW "SEC. 1027. (a) Nothing in this chapter shall affect any 3 right or remedy now or hereafter held by any person under 4 chapters 1 through 8 of this title, subject to the provisions of 5 section 113 of this title. 6 "(b) When a pictorial, graphic, or sculptural work in 7 which copyright subsists under chapters 1 through 8 of this 8 title is utilized in an original ornamental design of a useful 9 article, by the copyright proprietor or under an express li10 cense from such proprietor, the design shall be eligible for 11 protection under the provisions of this chapter. 12 13 "RELATION TO PATENT LAW "SEC. 1028. (a) Nothing in this chapter shall affect any 14 right or remedy available to or held by any person under title 15 35 of the United States Code. 16 "(b) The issuance of a design patent for an ornamental 17 design for an article of manufacture under said title 35 shall 18 terminate any protection of the design under this chapter. "COMMON LAW AND OTHER RIGHTS UNAFFECTED 19 20 "SEC. 1029. Nothing in this chapter shall annul or limit 21 (1) common law or other rights or remedies, if any, available 22 to or held by any person with respect to a design which has 23 not been registered under this chapter, or (2) any trademark 24 rights or right to be protected against unfair competition. HR 1179 2 "SEC. 1030. The Administrator and Office of the Ad 3 ministrator referred to in this chapter shall be the Register of 4 Copyrights and Library of Congress, respectively. 5 "SEVERABILITY CLAUSE 6 "SEC. 1031. If any provisions of this chapter or the 7 application of such provision to any person or circumstance is 8 held invalid, the remainder of the chapter or the application 9 to other persons or circumstances shall not be affected 10 thereby. 11 12 "AMENDMENT OF OTHER STATUTES "SEC. 1032. Title 28 of the United States Code is 13 amended 14 15 16 17 18 19 20 21 22 23 24 "(a) by inserting 'designs,' after 'patents,' in the first sentence of section 1338(a); "(b) by inserting, design,' after 'patent' in the second sentence of section 1338(a); "(c) by inserting 'design,' after 'copyright,' in section 1338(b); "(d) by inserting and registered designs' after 'copyrights' in section 1400; and "(e) by revising section 1498(a) to read as follows: "(a) Whenever a registered design or invention de 25 scribed in and covered by a patent of the United States is HR 1179 H 26 1 used or manufactured by or for the United States without 2 license of the owner thereof or lawful right to use or manu3 facture the same, the owner's remedy shall be by action 4 against the United States in the Court of Claims for the re5 covery of his reasonable and entire compensation for such use 6 and manufacture. 7 "For the purposes of this section, the use or manufac8 ture of a registered design or an invention described in and 9 covered by a patent of the United States by a contractor, a 10 subcontractor, or any person, firm, or corporation for the 11 Government and with the authorization or consent of the 12 Government, shall be construed as use or manufacture for the 13 United States. 14 ""The court shall not award compensation under this 15 section if the claim is based on the use or manufacture by or 16 for the United States of any article owned, leased, used by, 17 or in the possession of the United States, prior to, in the case 18 of an invention, July 1, 1918, and in the case of a registered 19 design, the date of enactment of this Act. 20 "A Government employee shall have the right to bring 21 suit against the Government under this section except where 22 he was in a position to order, influence, or induce use of the 23 registered design or invention by the Government. This sec24 tion shall not confer a right of action on any design registrant 25 or patentee or any assignee of such design registrant or pat HR 1179 IN 89-733 0 - 89 - 2 |