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S.3728 - Innovative Design Protection and Piracy Prevention Act
A bill to amend title 17, United States Code, to extend protection to fashion design, and for other purposes.
|Version||Word Count||Changes From Previous Version||Percent Change|
|Introduced in Senate||1,793||n/a||n/a|
|Reported in Senate||3,503||9 Show Changes Hide Changes||13%|
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Mr. SCHUMER (for himself, Mr. HATCH, Mr. GRAHAM, Mr. WHITEHOUSE, Mrs. GILLIBRAND, Ms. SNOWE, Mrs. BOXER, Mrs. FEINSTEIN, Mr. CARDIN, Mr. KOHL, and Mrs. HUTCHISON) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. AMENDMENTS TO TITLE 17, UNITED STATES CODE.
‘(B) includes original elements of the article of apparel or the original arrangement or placement of original or non-original elements as incorporated in the overall appearance of the article of apparel that-- CommentsClose CommentsPermalink
‘(10) In the case of a fashion design, the term ‘substantially identical’ means an article of apparel which is so similar in appearance as to be likely to be mistaken for the protected design, and contains only those differences in construction or design which are merely trivial.’; and CommentsClose CommentsPermalink
‘(c) Rule of Construction- In the case of a fashion design under this chapter, those differences or variations which are considered non-trivial for the purposes of establishing that a design is subject to protection under subsection (b)(7) shall be considered non-trivial for the purposes of establishing that a defendant’s design is not substantially identical under subsection (b)(10) and section 1309(e).’. CommentsClose CommentsPermalink
‘(B) in the case of a fashion design, embodied in a useful article that was made public by the designer or owner in the United States or a foreign country before the date of enactment of this chapter or more than 3 years before the date upon which protection of the design is asserted under this chapter.’. CommentsClose CommentsPermalink
(c) Revisions, Adaptations, and Rearrangements-
‘(1) IN GENERAL- As used in this section, an ‘infringing article’ is any article the design of which has been copied from a design protected under this chapter, or from an image thereof, without the consent of the owner of the protected design. An infringing article is not an illustration or picture of a protected design in an advertisement, book, periodical, newspaper, photograph, broadcast, motion picture, or similar medium. CommentsClose CommentsPermalink
‘(2) VESSEL HULL DESIGN- In the case of a design of a vessel hull, a design shall not be deemed to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design. CommentsClose CommentsPermalink
‘(h) Secondary Liability- The doctrines of secondary infringement or secondary liability that are applied in actions under chapter 5 of this title apply to the same extent to actions under this chapter. Any person who is liable under either such doctrine under this chapter is subject to all the remedies provided under this chapter, including those attributable to any underlying or resulting infringement.‘(i) Home Sewing Exception- CommentsClose CommentsPermalink
‘(1) IN GENERAL- It is not an infringement of the exclusive rights of a design owner for a person to produce a single copy of a protected design for personal use or for the use of an immediate family member, if that copy is not offered for sale or use in trade during the period of protection. CommentsClose CommentsPermalink
‘(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to permit the publication or distribution of instructions or patterns for the copying of a protected design.’. CommentsClose CommentsPermalink
‘(1) VESSEL HULL- In the case of a vessel hull, the owner of a design is entitled, after issuance of a certificate of registration of the design under this chapter, to institute an action for any infringement of the design. CommentsClose CommentsPermalink
‘(2) FASHION DESIGN- In the case of a fashion design, the owner of a design is entitled to institute an action for any infringement of the design after the design is made public under the terms of section 1310(b) of this chapter.’; and CommentsClose CommentsPermalink
‘(C) the protected design or an image thereof was available in such location or locations, in such a manner, and for such duration that it can be reasonably inferred from the totality of the surrounding facts and circumstances that the defendant saw or otherwise had knowledge of the protected design. CommentsClose CommentsPermalink
(1) in subsection (a), in the first sentence, by striking ‘The Secretary’ and inserting ‘In the case of designs of vessel hulls protected under this chapter, the Secretary’; CommentsClose CommentsPermalink