Page:United States Statutes at Large Volume 50 Part 1.djvu/280

 75 TH CONGRESS, 1sT SESSION-CH. 317-JUNE 11, 1937 method, composition of matter, design, or manufactured article im- ported for exhibition and exhibited at said fair may upon presenta- tion 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 examination as to novelty, a certificate from such branch office, which shall be prima facie evi- dence in the Federal courts of such proprietorship, the novelty of the subject matter covered by any such certificate to be determined by a Federal court 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. At the close of said New York World's Fair the register of cer- tif icates of the copyri ght re gistrat ions af oresai d shall be dep osited in the Copyright Office in the Library of Congress at Washington, Dis- trict of Columbia, and the register of all other certificates of reg- istration aforesaid shall be deposited in the United States Patent Office at Washington, District of Columbia, and there preserved for future reference. Certified copies of any such certificates shall, upon request, be furnished by the Register of Copyrights or the Commis- sioner of Patents, as tie 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 admis- sible in evidence in lieu of the original certificates in any Federal court. SEC. 2 . It shall be unlawful for any person without authority of the proprietor thereof to copy, republish, imitate, reproduce, or practice at any time during the period specified in section 6 hereof any subject matter protected by registration as aforesaid at either of the branch offices at said exposition which shall be imported for exhibition at said exposition, and there exhibited and which is substantially dif- ferent in a copyright, trade mark, or patent sense, as the case may be, from anything publicly used, described in a printed publication or o therwi se kno wn in the U nited States of A merica prior to su ch 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- (a) To an injunction restraining such infringement issued by any F ederal court having jurisdi ction of the defendant ; (b) To pay to the pr oprietor such damages as th e proprietor m ay have suffered due to such infringement, as well as all the profits which the infringe r may have mad e by reason o f such infrin gement, 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 ; (c) To deliver upon an oath, to be impounded during the pend- ency 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 rights herein protected ; and (d) To deliver upon an oath, for destruction, all articles found by the court at final hearings to infringe the rights herein protected. SEC. 3 . Any person who willfully and for profit shall infringe any right protected under this Act, or who shall knowingly and will- fully aid or abet such infringement, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment for not exceeding one year or by a fine of not less tha n $100 nor mo re than $1,00 0, or both, in the discreti on of the court. Registers to be kept. Deposit at close of Fair. Certified copies of certificates. Infringement of rights unlawful. Liabilities. Injunction. Pecuniary damages. 255 Deli very o f artic les that infringe. Dest ructio n. Inf ringem ent ; pen- alty provi sions.