erty right is vested shall be
considered the owner of the design.
(b) Transfer of Property Right. The property right in a registered
design, or a design for which an application for registration has been
or may be filed, may be assigned, granted, conveyed, or mortgaged by an
instrument in writing, signed by the owner, or may be bequeathed by
will.
(c) Oath or Acknowledgment of Transfer. An oath or acknowledgment under
section 1312 shall be prima facie evidence of the execution of an
assignment, grant, conveyance, or mortgage under subsection (b).
(d) Recordation of Transfer. An assignment, grant, conveyance, or
mortgage under subsection (b) shall be void as against any subsequent
purchaser or mortgagee for a valuable consideration, unless it is
recorded in the Office of the Administrator within 3 months after its
date of execution or before the date of such subsequent purchase or
mortgage.
Section 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, 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 by bringing a
civil action, and may in the same action, if the court adjudges the
design subject to protection under this chapter, enforce the rights in
that design under this chapter.
(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.
(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
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