Page:United States Statutes at Large Volume 54 Part 1.djvu/192

 PUBLIC LAWS-CH. 138 -APR. 22, 1940 said offices to be established at such time as may, upon sixty days' advance notice, in writing, to the Register of Copyrights and the Commissioner of Patents, respectively, be requested by said San Fran- cisco Bay Exposition, but not earlier than April 1, 1940, and to be maintained until the close to the general public of said exposition; Certificates of pri o 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 Com- missioner 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 evidence 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 Registerstobekept. 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 expositi on . 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 cer- tificates of registrations aforesaid shall be deposited in the United States Patent Office at Washington, District of Columbia, and there certiied copies of preserved for future reference. Certified copies of any such certi- certifiat caes. tes shall, upon request, be furnished by the Register of 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 offi- cials for certified copies of other matter; and any such certified copies shall be admissible in evidence in lieu of the original certificates of any Federal court. Infringement on 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 different in a copyright, trade-mark, or patent sense, as the case may be, from any- thing publicly used, described in a printed publication or otherwise known in the United States of America prior to such 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; Pecuniarydaages. (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; that inf ar ticles (C) To deliver up on oath, to be impounded during the pendency For impoundment. of the action, upon such terms and conditions as the court may pre- scribe, all articles found by the court after a preliminary hearing to infringe the rights herein protected; and Fordestcton (d) To deliver up on oath, for destruction, all articles found by the court at final hearing to infringe the rights herein protected. [54 STAT.

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