17 USC 1328
Enforcement by Treasury and Postal Service

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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§1328. Enforcement by Treasury and Postal Service

(a)

Regulations. The Secretary of the Treasury and the United States Postal Service shall separately or jointly issue regulations for the enforcement of the rights set forth in section 1308 [17 USC 1308] with respect to importation. Such regulations may require, as a condition for the exclusion of articles from the United States, that the person seeking exclusion take any one or more of the following actions:

(1)

Obtain a court order enjoining, or an order of the International Trade Commission under section 337 of the Tariff Act of 1930 [19 USC §1337] excluding, importation of the articles.

(2)

Furnish proof that the design involved is protected under this chapter [17 USC § §1301 et seq.] and that the importation of the articles would infringe the rights in the design under this chapter [17 USC § §1301 et seq.].

(3)

Post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified.

(b)

Seizure and forfeiture. Articles imported in violation of the rights set forth in section 1308 [17 USC 1308] are subject to seizure and forfeiture in the same manner as property imported in violation of the customs laws. Any such forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be, except that the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his or her acts constituted a violation of the law.