§ 1301. Designs protected

1,066 words·~5 min read·/usc/title-17/section-1301

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(a)Designs Protected.—

(1)In general.— The designer or other owner of an original design of a useful article which makes the article attractive or distinctive in appearance to the purchasing or using public may secure the protection provided by this chapter upon complying with and subject to this chapter.

(2)Vessel features.— The design of a vessel hull, deck, or combination of a hull and deck, including a plug or mold, is subject to protection under this chapter, notwithstanding section 1302(4).

(3)Exceptions.— Department of Defense rights in a registered design under this chapter, including the right to build to such registered design, shall be determined solely by operation of subchapter I of chapter 275 of title 10 or by the instrument under which the design was developed for the United States Government.

(b)Definitions.— For the purpose of this chapter, the following terms have the following meanings:

(1)A design is “original” if it is the result of the designer’s creative endeavor that provides a distinguishable variation over prior work pertaining to similar articles which is more than merely trivial and has not been copied from another source.

(2)A “useful article” is a vessel hull or deck, including a plug or mold, which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article which normally is part of a useful article shall be deemed to be a useful article.

(3)A “vessel” is a craft—

(A)that is designed and capable of independently steering a course on or through water through its own means of propulsion; and

(B)that is designed and capable of carrying and transporting one or more passengers.

(4)A “hull” is the exterior frame or body of a vessel, exclusive of the deck, superstructure, masts, sails, yards, rigging, hardware, fixtures, and other attachments.

(5)A “plug” means a device or model used to make a mold for the purpose of exact duplication, regardless of whether the device or model has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information.

(6)A “mold” means a matrix or form in which a substance for material is used, regardless of whether the matrix or form has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information.

(7)A “deck” is the horizontal surface of a vessel that covers the hull, including exterior cabin and cockpit surfaces, and exclusive of masts, sails, yards, rigging, hardware, fixtures, and other attachments.

(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2905; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5005(a)(3)], Nov. 29, 1999, 113 Stat. 1536, 1501A–593; Pub. L. 110–434, § 1(b)–(d), Oct. 16, 2008, 122 Stat. 4972; Pub. L. 117–81, div. A, title XVII, § 1702(l)(2), Dec. 27, 2021, 135 Stat. 2160.)

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U.S. Code

statutes-at-large

Public Law 105–304
To amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes

Traces to 1 document

public-private-law

National Defense Authorization Act for Fiscal Year 2022
Public Law 117-81

18 references not yet in our index

Pub. L. 105–304, title V, § 502
112 Stat. 2905
Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5005(a)(3)]
113 Stat. 1536
Pub. L. 110–434, § 1(b)
122 Stat. 4972
135 Stat. 2160
Pub. L. 110–434, § 1(c)
Pub. L. 110–434, § 1(d)(1)
Pub. L. 110–434, § 1(d)(2)
Pub. L. 110–434, § 1(d)(3)
Pub. L. 106–113
Pub. L. 105–304, title V, § 505
112 Stat. 2918
Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5005(a)(2)]
Pub. L. 105–304, title V, § 504
112 Stat. 2917
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4741(b)(1), title V, § 5005(a)(1)]

Citation graph

cites case law

§ 1301

Designs protected

Fed. Reg.×18

Stat.×2

U.S.C.×2

Pub. L.Public Law 117-81

Pub. L.Pub. L. 105–304, title V, § 502

Stat.112 Stat. 2905

Pub. L.Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5005(a)(3)]

Stat.113 Stat. 1536

Pub. L.Pub. L. 110–434, § 1(b)

Cites 19 · showing 6Cited by 22 across 3 sources