Page:Copyright Law Revision (Senate Report No. 94-473).djvu/46

 (b) When a pictorial, graphic, or sculptural work in which copyright subsists under title I of this Act is utilized in an original ornamental design of a useful article, by the copyright proprietor or under an express license from him, the design shall be eligible for protection under the provisions of this title.

. 228. (a) Nothing in this title shall affect any right or remedy available to or held by any person under title 35 of the United States Code.

(b) The issuance of a design patent for an ornamental design for any article of manufacture under said title 35 shall terminate any protection of the design under this title.

. 229. Nothing in this title shall annul or limit (1) common law or other rights or remedies, if any, available to or held by any person 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.

. 230. The Administrator and Office of the Administrator referred to in this title shall be such officer and office as the President may designate.

. 231. If any provision of this title or the application of such provision to any person or circumstance is held invalid, the remainder of the title or the application to other persons or circumstances shall not be afected thereby.

. 232. (a) Subdivision a(2) of section 70 of the Bankruptcy Act of July 1, 1898, as amended (11 U.S.C. 110(a)), is amended by inserting “designs,” after “patent rights”.

(b) Title 28 of the United States Code is amended—


 * (1) by inserting “designs,” after “patents,” in the first sentence of section 1338(a);
 * (2) by inserting “, design,” after “patent” in the second sentence of section 1338(a);
 * (3) by inserting “design,” after “copyright,” in section 1338 (b);
 * (4) by inserting “and registered designs” after “copyrights” in section 1400; and
 * (5) by revising section 1498(a) to read as follows:

“(a) Whenever a registered design or invention is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owner’s remedy shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation for such use and manufacture.

“For the purposes of this section, the use or manufacture of a registered design or an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and With the authorization or consent of the Government, shall be construed as use or manufacture for the United States.

“The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in the possession of the United States, prior to, in the case of an invention, July 1, 1918, and in the case of a registered design, July 1, 1978.

“A Government employee shall have the right to bring suit against the Government under this section except where he was in a position to order, influence, or induce use of the registered design or invention by the Government. This section shall not confer a right of action on any registrant or patentee or any assignee of such registrant or patentee with respect to any design created by or invention discovered or invented by a person while in the employment or services of the United States, where the design or invention was related to the