17 1 or remedies with respect to a mask work which are equiva2 lent to those provided by this chapter, except that such pre 3 emption shall be effective only with respect to actions filed on 4 or after January 1, 1986. 5 "(d) The provisions of sections 1338, 1400(a), and 6 1498(b) and (c) of title 28 shall apply to exclusive rights in 7 mask works under this chapter.". 8 9 TECHNICAL AMENDMENT SEC. 3. The table of chapters of title 17, United States 10 Code, is amended by adding at the end thereof the following 11 new item: 12 13 "9. Protection of Semiconductor Chip Products... 901". EFFECTIVE DATE SEC. 4. (a) The amendments made by this Act shall take 14 effect on January 1, 1985. 15 (b)(1) Subject to paragraph (2) of this subsection, protec16 tion shall be available under chapter 9 of title 17, United 17 States Code, as added by section 2 of this Act, to any mask 18 work fixed in a semiconductor chip product that was first 19 commercially exploited on or after January 1, 1984, and 20 before January 1, 1985, if a claim of protection in the mask 21 work is registered in the Copyright Office before January 1, 22 1986, under section 908 of title 17, United States Code, as 23 added by section 2 of this Act. 24 (2) In the case of any mask work provided protection 25 under chapter 9 of title 17, United States Code, in accord 30-425 0-84-30 18 ance with paragraph (1) of this subsection, any infringing 2 semiconductor chip products manufactured before the effec3 tive date of this Act may be imported into or distributed in 4 the United States, or both, subject to the payment by the 5 importer or distributor, as the case may be, of the reasonable 6 royalty specified in section 907(a)(2) of title 17, United States 7 Code, as added by section 2 of this Act. 8 (3) For purposes of this subsection, the terms "mask 9 work", "fixed", "semiconductor chip product", "commercial10 ly exploited", and "infringing semiconductor chip product" 11 have the meanings given those terms in section 901 of title 12 17, United States Code, as added by section 2 of this Act. AUTHORIZATION OF APPROPRIATIONS 13 14 SEC. 5. There are authorized to be appropriated such 15 sums as may be necessary to carry out this Act and the 16 amendments made by this Act. HR 5525 IH B. 98TH CONGRESS 1ST SESSION H. R. 2985 To amend the copyright law, title 17 of the United States Code, to provide for protection of ornamental designs of useful articles. IN THE HOUSE OF REPRESENTATIVES Mr. MOORHEAD introduced the following bill; which was referred to the I A BILL To amend the copyright law, title 17 of the United States Code, 1 to provide for protection of ornamental designs of useful articles. Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 SECTION 1. Title 17, United States Code, is amended 4 by adding at the end thereof the following new chapter: 2 1 2 "907. Effect of omission of notice. "908. Infringement. "909. Application for registration. "910. Benefit of earlier filing date in foreign country. "911. Oaths and acknowledgments. "912. Examination of application and issue or refusal of registration. "913. Certification of registration. "914. Publication of announcements and indexes. "915. Fees. "916. Regulations. "917. Copies of records. "918. Correction of errors in certificates. "919. Ownership and transfer. "920. Remedy for infringement. "921. Injunction. "922. Recovery for infringement, and so forth. "923. Power of court over registration. "924. Liability for action on registration fraudulently obtained. "925. Penalty for false marking. "926. Penalty for false representation. "927. Relation to copyright law. "928. Relation to patent law. "929. Common law and other rights unaffected. "930. Administrator. "931. Severability clause. "932. Amendment of other statutes. "933. Time of taking effect. "934. No retroactive effect. "935. Short title. "DESIGNS PROTECTED "SEC. 901. (a) The author or other proprietor of an 3 original ornamental design of a useful article may secure the 4 protection provided by this chapter upon complying with and 5 subject to the provisions hereof. 7 8 9 10 11 12 "(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. HR 2985 IH 1 2 3 4 5 6 7 9 10 11 12 13 14 15 3 "(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 'ornamental' if it is intended to make the article attractive or distinct in appearance to the purchasing or using public. “(4) 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. 902. Protection under this chapter shall not be 16 available for a design that is 17 18 19 20 21 22 23 24 25 "(a) not original; "(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 subparagraph (b) above only in insignificant details or in ele ments which are variants commonly used in the relevant trades; 30-425 O-84-31 |