FREE BOOKS

Author's List




PREV.   NEXT  
|<   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276  
277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   >>  
Section 1327. Penalty for false representation Whoever knowingly makes a false representation materially affecting the rights obtainable under this chapter for the purpose of obtaining registration of a design under this chapter shall pay a penalty of not less than $500 and not more than $1,000, and any rights or privileges that individual may have in the design under this chapter shall be forfeited. Section 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 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 excluding, importation of the articles. (2) Furnish proof that the design involved is protected under this chapter and that the importation of the articles would infringe the rights in the design under this chapter. (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 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. Section 1329. Relation to design patent law The issuance of a design patent under title 35, United States Code, for an original design for an article of manufacture shall terminate any protection of the original design under this chapter. Section 1330. Common law and other rights unaffected Nothing in this chapter shall annul or limit- (1) common law or other rights or remedies, if any, available to or held by any person with respect to a design which has not been registered under this chapter; or
PREV.   NEXT  
|<   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276  
277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   >>  



Top keywords:

design

 

chapter

 
rights
 

articles

 
Section
 

Treasury

 

section

 
United
 

violation

 

States


Secretary

 

exclusion

 

importation

 
Postal
 

patent

 

person

 
respect
 

regulations

 

Service

 

representation


original
 

forfeited

 
imported
 
seizure
 

customs

 
property
 

forfeiture

 

manner

 

importer

 

satisfaction


Articles

 

country

 

returned

 
destroyed
 

export

 

directed

 

subject

 

Nothing

 

unaffected

 

Common


protection

 

common

 
remedies
 

registered

 

terminate

 

manufacture

 

believing

 

reasonable

 

grounds

 
constituted