Page:Copyright Office Compendium 3rd Edition - Full.djvu/779

, Third Edition 1306 Term of Protection

1306.1 Term of Protection for Designs Registered with the U.S. Copyright Office

Protection for a registered vessel design lasts ten years from the earlier of (i) the date a registration is published by the U.S. Copyright Office, or (ii) the date the design was first "made public," whichever is earliest. 17 U.S.C. §§ 1304, 1305(a). The term of protection lasts until the end of the calendar year in which it expires. 17 U.S.C. § 1305(b). As noted in Section 1305.5, protection may terminate earlier if a design patent is issued before the ten-year term expires.

1306.2 Term of Protection for Designs Registered in a Foreign Territory: Priority Claims

If an application is made to register the same design by or on behalf of the same owner in a foreign jurisdiction that provides similar protection to U.S. citizens, that filing has the same effect as if the application is filed in the United States on the date of the foreign filing, provided that the U.S. application is filed within six months of the earliest date of any such foreign filing. 17 U.S.C. § 1311.

1307 Exclusive Rights of Owner

During the term of protection, the vessel design owner has the exclusive rights to:

• Make, have made, or import, for sale or for use in trade, any useful article embodying that design; and

• Sell or distribute for sale or for use in trade any useful article embodying that design.

17 U.S.C. § 1308.

A vessel design owner may initiate an action for infringement of these rights provided that the U.S. Copyright Office has issued a certificate of registration for the design. 17 U.S.C. §§ 1309, 1321(a).

1308 Ownership in Vessel Designs

The intellectual property right in a vessel design vests in one of the following:

• The designer;

• The designer's legal representative (s), if the designer is deceased or legally incapacitated;

• If the design was made within the regular scope of the designer's employment, the employer for whom the designer created the design; or

• A person to whom the rights of the designer or of such employer have been transferred.

Chapter 1300 : 9

12/22/2014 Chapter _00 : 9