Page:Copyright Law Revision (Senate Report No. 94-473).djvu/165

 defense to an infringement action and no ground for cancellation.

Section 213 authorizes the issuance of certificates of registration and provides for the contents thereof.

Section 214(a) instructs the Administrator to publish lists and indexes of registered designs and cancellations thereof and authorizes him to publish the drawings or other pictorial representations of registered designs.

Section 214(b) instructs the Administrator to establish and maintain a file of the drawings or other pictorial. representations of registered designs.

Section 215(a) specifies the fees which shall be paid to the Administrator.

Section 215(b) authorizes the Administrator to establish charges for materials or services furnished by the Office.

Section 216 authorizes the Administrator to establish regulations for the administration of this legislation.

Section 217 provides for the obtaining of certified copies of official records of the Office of the Administrator.

Section 218 authorizes the Administrator to correct errors in registration incurred through the fault of the Office of the Administrator.

Section 219(a) identifies those in whom the property right in the design shall rest and provides that the person or persons in whom the property right is vested. shall be considered the proprietor of the design.

Section 219(b) provides for the transfer of ownership of the property right in a registered design or a design for which an application for registration has bee11 or may be filed.

Section 219(c) specifies that an acknowledgement, as provided in section 211, shall be prima facie evidence of the execution of an assignment, grant, or conveyance.

Section 219(d) provides that an assignment, grant, or conveyance shall be void as against any subsequent purchaser or mortgages for a valuable consideration without notice, unless it is recorded in the Office of the Administrator within 3 months from its date of execution or prior to the date of such subsequent purchase or mortgage.

Section 220 provides that the proprietor of a design shall have a remedy for infringement by civil action instituted after the issuance of a certificate of registration of the design, or the final refusal of registration of the design by the Administrator.

Section 221 authorizes the granting of injunctions for the prevention of infringements.

Section 22(a) provides that the court, upon finding for the claimant, shall award damages adequate to compensate for the infringement, but in no event less than the reasonable value of the use made of the design by the infringer, and the costs of the action. It is further provided that the court may increase the damages to such amount, not exceeding $5,000 or $1 per copy, which ever is greater, as to the court shall appear to be just.

Section 222(b) excludes recovery for any infringement committed more than 3 years prior to the filing of the complaint.

Section 222(c) permits the court to award reasonable attorney’s fees.