Page:United States Statutes at Large Volume 112 Part 5.djvu/155

 PUBLIC LAW 105-304—OCT. 28, 1998 112 STAT. 2913 "§ 1318. Copies of records "Upon payment of the prescribed fee, any person may obtain a certified copy of any official record of the Office of the Administrator that relates to this chapter. That copy shall be admissible in evidence with the same effiBct as the original. "§ 1319. Correction of errors in certificates "The Administrator may, by a certificate of correction under seal, correct any error in a registration incurred through the fault of the Office, or, upon payment of the required fee, any error of a clerical or typographical nature occurring in good faith but not through the fault of the Office. Such registration, together with the certificate, shall thereafter have the same effect as if it had been originally issued in such corrected form. '*§ 1320. Ownership and transfer "(a) PROPERTY RIGHT IN DESIGN.— The property right in a design subject to protection under this chapter shall vest in the designer, the legal representatives of a deceased designer or of one under legal incapacity, the employer for whom the designer created the design in the case of a design made within the regular scope of the designer's employment, or a person to whom the rights of the designer or of such employer have been transferred. The person in whom the property right is vested shall be considered the owner of the design. "(b) TRANSFER OF PROPERTY RIGHT. —The property right in a registered design, or a design for which an application for registration has been or may be filed, may be assigned, granted, conveyed, or mortgaged by an instrument in writing, signed by the owner, or may be bequeathed by will. "(c) OATH OR ACKNOWLEDGEMENT OF TRANSFER.An oath or acknowledgment under section 1312 shall be prima facie evidence of the execution of an assignment, grant, conveyance, or mortgage under subsection (b). "(d) RECORDATION OF TRANSFER.An assignment, grant, conveyance, or mortgage under subsection (b) shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, unless it is recorded in the Office of the Administrator within 3 months after its date of execution or before the date of such subsequent purchase or mortgage. "§ 1321. Remedy for infringement "(a) IN GENERAL. —The owner of a design is entitled, after issuance of a certificate of registration of the design under this chapter, to institute an action for any infringement of the design. "(b) REVIEW OF REFUSAL TO REGISTER.- —(1) Subject to paragraph (2), the owner of a design may seek judicial review of a final refusal of the Administrator to register the design under this chapter by bringing a civil action, and may in the same action, if the court adjudges the design subject to protection under this chapter, enforce the rights in that design under this chapter. "(2) The owner of a design may seek judicial review under this section if— "(A) the owner has previously duly filed and prosecuted to final refusal an application in proper form for registration of the design;

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