Page:United States Statutes at Large Volume 50 Part 1.djvu/237

 212 75TH CONGRESS, 1ST SESS ION- CH. 276- MAY 28, 193 7 quarters to be furnished free of charge by said corporation, said offices to be established at such time as may, upon sixty days' advance notice, in writing, to the Register of Copyrights and the Commis- sioner of Patents, respectively, be requested by said San Francisco Bay Exposition, but not earlier than January 1, 1939, and to be mai ntained until th e close t o the ge neral pu blic of said expo sition ; Certifica tes of pro- prietorship to be is- and the proprietor of any foreign copyright, or any certificate of sued. trade-mark registration, or letters patent of invention, design, or utility model issued by any foreign government protecting any trade mark, apparatus, device, machine, process, method, composition of matter, design, or manufactured article imported for exhibition and exhibited at said exposition may upon presentation of proof of such proprietorship, satisfactory to the Register of Copyrights or the Commissioner of Patents, as the case may be, obtain without charge and without prior e xaminatio n as to novelty, a certi ficate fr om such branch office, which shall be prima facie evidence in the Federal co urts of s uch p ropri etor ship, the nove lty o f the sub ject matte r covered by any such certificate to be determined by a Federal court Registers to bekept. in case an action or suit is brought based thereon ; and said branch offices shall keep registers of all such certificates issued by them, which shall be open to public inspection. Deposit at close of At the close of said Golden Gate International Exposition the exposition. register of certificates of the copyright registrations aforesaid shall be deposited in the Copyright Office in the Library of Congress at Washington, District of Columbia, and the register of all other certificates of registration aforesaid shall be deposited in the United States Patent Office at Washington, District of Columbia, and there Certified copies of preserved for future reference. Certified copies of any such cer- certificates. tif icates s hall, up on reques t, be fu rnished by the R egister o f Copy- rights or the Commissioner of Patents, as the case may be, either during or after said exposition, and at the rates charged by such officials for certified copies of other matter ; and any such certified copies shall be admissible in evidence in lieu of the original certifi- cate s in any Federal court. Inf ring emen t of Suc. 2 . It shall be unlawful for any person without authority of l protected, un- lawful. the rights proprietor thereof to copy, republish, imitate, reproduce, or prac- tice at any time duri ng the p eriod sp ecified in secti on 6 here of any subject matter protected by registration as aforesaid at either of the branch offices at said exposition which shall be imported for exhibi- tion at said exposition, and there exhibited and which is substantially different in a copyright, trade-mark, or patent sense, as the case may be, from anything publicly used, described in a printed publication or otherwise known in the United States of America prior to such Liabilities. registration at either of said branch offices as aforesaid ; and any person who shall infringe upon the rights thus protected under this Act shall be liable- Injunction. (a) To an injunction restraining such infringement issued by any Federal court having jurisdiction of the defendant ; Pecuniary damages. (b) To pay to the proprietor such damages as the proprietor may have suffered due to such infringement, as well as all the profits which the infringer may have made by reason of such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element, of cost which he claims, or in lieu of actual damages and profits such damages as to the court shall appear to be just ; Delivery of a rticles thatinfringe (c) To deliver upon an oath, to be impounded during the pendency . of the Act, upon such terms and conditions as the court may prescribe, all articles found by the court after a preliminary hearing to infringe the ri ghts here in prote cted ; an d