Page:Copyright Law Revision (Senate Report No. 94-473).djvu/166

 Section 222(d) authorizes the court to order the destruction or other disposition of all infringing articles and devices employed in the making of the same.

Section 223 authorizes the court to order a cancellation of a regisration.

Section 224 provides a penalty for any person bringing an action for infringement knowing that registration of the design was obtained by a false representation.

Section 225(a) provides penalty for the false marking of a design which is not protected under this legislation.

Section 225(b) specifies as to who shall have a right of action to sue for the penalty.

Section 226 provides a penalty for whoever knowingly makes a false representation materially affecting rights obtainable under this legislation.

Section 227(a) makes clear that nothing in this legislation shall affect any right or remedy now or hereafter held by any person under title 17 of the United States Code subject to the provision of section 113(c) of title I.

Section 227(b) specifies that when a work in which copyright subsists under title 17 of the United States Code is utilized in an original ornamental design of a useful article, the design shall be eligible for protection under the provisions of this legislation.

Section 228(a) provides that nothing in this legislation shall affect any right or remedy available to any person under title 35 of the United States Code.

Section 228(b) provides that the issuance of a design patent for an ornamental design under title 35 shall terminate any protection of the design under this legislation.

Section 229 specifies that nothing in this legislation shall restrict (1) common law or other rights or remedies available with respect to a design which has not been registered under this title, or (2) any trademark right or right to be protected against unfair competition.

Section 230 provides that the Administrator and Office of the Administrator shall be such officer and office as the President may designate.

Section 231 guarantees that if any provision of this bill or the application of such provision is held invalid, the remainder of the legislation or application shall not be affected.

Section 232 makes conforming amendments to various statutes.

Section 233 specifies that this title shall take effect 1 year after its enactment.

Section 234 provides that this title shall have no retroactive effect.

Section 235 states that this title may be cited as the Design Protection Act of 1975.

While section 230 of this legislation provides that the Administrator and Office of the Administrator shall be such officer and office as the President may designate, it is the view of the committee that such Office shall be located in the Copyright Office. Such disposition is agreeable to the Library of Congress and the Copyright Office.