Page:United States Statutes at Large Volume 112 Part 5.djvu/151

 PUBLIC LAW 105-304—OCT. 28, 1998 112 STAT. 2909 or who, without knowledge of the protected design embodied in an infringing article, makes or processes the infringing article for the account of another person in the ordinary course of business, shall not be deemed to have infringed the rights in that design under this chapter except under a condition contained in paragraph (1) or (2) of subsection (b). Accepting an order or reorder from the source of the infringing article shall be deemed ordering or reordering within the meaning of subsection (b)(2). "(e) INFRINGING ARTICLE DEFINED.—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, 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. 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. "(f) ESTABLISHING ORIGINALITY.—The party to any action or proceeding under this chapter who alleges rights under this chapter in a design shall have the burden of establishing the design's originality whenever the opposing party introduces an earlier work which is identical to such design, or so similar as to make prima facie showing that such design was copied from such work. "(g) REPRODUCTION FOR TEACHING OR ANALYSIS. — It is not an infringement of the exclusive rights of a design owner for a person to reproduce the design in a useful article or in any other form solely for the purpose of teaching, analyzing, or evaluating the appearance, concepts, or techniques embodied in the design, or the function of the useful article embodying the design. ^§ 1310. Application for registration "(a) TIME LIMIT FOR APPLICATION FOR REGISTRATION.—Protection under this chapter shall be lost if application for registration of the design is not made within 2 years after the date on which the design is first made public. "(b) WHEN DESIGN IS MADE PUBLIC—A design is made public when an existing useful article embodying the design is anywhere publicly exhibited, publicly distributed, or offered for sale or sold to the public by the owner of the design or with the owner's consent. "(c) APPLICATION BY OWNER OF DESiGN.Application for registration may be made by the owner of the design. "(d) CONTENTS OF APPLICATION. — The application for registration shall be made to the Administrator and shall state— "(1) the name and address of the designer or designers of the design; "(2) the name and address of the owner if different from the designer; "(3) the specific name of the useful article embodying the design; "(4) the date, if any, that the design was first made public, if such date was earlier than the date of the application; "(5) affirmation that the design has been fixed in a useful article; and "(6) such other information as may be required by the Administrator.

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