Page:United States Statutes at Large Volume 112 Part 5.djvu/158

 112 STAT. 2916 PUBLIC LAW 105-304—OCT. 28, 1998 "§ 1328. Enforcement by Treasury and Postal Service "(a) REGULATIONS.— The Secretary of the Treasury and the United States Postal Service shall separately or jointly issue regulations for the enforcement of the rights set forth in section 1308 with respect to importation. Such regulations may require, as a condition for the exclusion of articles from the United States, that the person seeking exclusion take any one or more of the following actions: "(1) Obtain a court order enjoining, or an order of the International Trade Commission under section 337 of the Tariff Act of 1930 excluding, importation of the articles. "(2) Furnish proof that the design involved is protected under this chapter and that the importation of the articles would infringe the rights in the design under this chapter. "(3) Post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified. "(b) SEIZURE AND FORFEITURE. —Articles imported in violation of the rights set forth in section 1308 are subject to seizure and forfeiture in the same manner as property imported in violation of the customs laws. Any such forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be, except that the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his or her acts constituted a violation of the law. '*§ 1329. Relation to design patent law "The issuance of a design patent under title 35, United States Code, for an original design for an article of manufacture shall terminate any protection of the original design under this chapter. '*§ 1330. Common law and other rights unaffected "Nothing in this chapter 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 chapter; or "(2) any right under the trademark laws or any right protected against unfair competition. "In this chapter, the Administrator' is the Register of Copy- rights, and the 'Office of the Administrator' and the 'Office' refer to the Copyright Office of the Library of Congress. "§ 1332. No retroactive effect "Protection under this chapter shall not be available for any design that has been made public under section 1310(b) before the effective date of this chapter.". SEC. 503. CONFORMING AMENDMENTS. (a) TABLE OF CHAPTERS. —The table of chapters for title 17, United States Code, is amended by adding at the end the following: "13. Protection of Original Designs 1301".
 * § 1331. Administrator; Office of the Administrator

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