17 USC 1321
Remedy for infringement

Executive summary:

This document contains one section of the U.S. Copyright Act (found in Title 17 of the United States Code). This page was last updated in October 2005. All of the sections of the Copyright Act are listed on the Index page.

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§1321. Remedy for infringement

(a)

In general. The owner of a design is entitled, after issuance of a certificate of registration of the design under this chapter [17 USC § §1301 et seq.], to institute an action for any infringement of the design.

(b)

Review of refusal to register.

(1)

Subject to paragraph (2), the owner of a design may seek judicial review of a final refusal of the Administrator to register the design under this chapter [17 USC § §1301 et seq.] by bringing a civil action, and may in the same action, if the court adjudges the design subject to protection under this chapter [17 USC § §1301 et seq.], enforce the rights in that design under this chapter [17 USC § §1301 et seq.].

(2)

The owner of a design may seek judicial review under this section if--

(A)

the owner has previously duly filed and prosecuted to final refusal an application in proper form for registration of the design;

(B)

the owner causes a copy of the complaint in the action to be delivered to the Administrator within 10 days after the commencement of the action; and

(C)

the defendant has committed acts in respect to the design which would constitute infringement with respect to a design protected under this chapter [17 USC § §1301 et seq.].

(c)

Administrator as party to action. The Administrator may, at the Administrator's option, become a party to the action with respect to the issue of registrability of the design claim by entering an appearance within 60 days after being served with the complaint, but the failure of the Administrator to become a party shall not deprive the court of jurisdiction to determine that issue.

(d)

Use of arbitration to resolve dispute. The parties to an infringement dispute under this chapter [17 USC § §1301 et seq.], within such time as may be specified by the Administrator by regulation, may determine the dispute, or any aspect of the dispute, by arbitration. Arbitration shall be governed by title 9. The parties shall give notice of any arbitration award to the Administrator, and such award shall, as between the parties to the arbitration, be dispositive of the issues to which it relates. The arbitration award shall be unenforceable until such notice is given. Nothing in this subsection shall preclude the Administrator from determining whether a design is subject to registration in a cancellation proceeding under section 1313(c) [17 USC 1313(c)].