H.R.1790 - Design Innovation and Technology Act of 1991102nd Congress (1991-1992)
|Sponsor:||Rep. Gephardt, Richard A. [D-MO-3] (Introduced 04/16/1991)|
|Committees:||House - Judiciary|
|Latest Action:||01/29/1992 Subcommittee Hearings Held. (All Actions)|
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Summary: H.R.1790 — 102nd Congress (1991-1992)All Bill Information (Except Text)
Introduced in House (04/16/1991)
Design Innovation and Technology Act of 1991 - Amends the copyright law to provide for the protection of industrial designs of useful articles (including typefonts), except designs that are: (1) not original; (2) staple or commonplace; (3) different from commonplace or staple designs in insignificant ways; (4) determined solely by a utilitarian function; (5) embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than one year before the date of application for registration; (6) composed of three-dimensional features of shape and surface in wearing apparel; (7) a semiconductor chip product already protected under another provision; (8) embodying a process or idea or system; or (9) for motor vehicle glass. States that protection for a design shall be available for subject matter usually excluded if the design is a substantial revision, adaptation, or rearrangement of such subject matter.
Sets the term of protection at ten years.
Requires the design to be marked with a design notice when it is made public. States that omission of such notice shall not cause loss of protection or prevent recovery for infringement against any person who receives written notice of the protection.
Grants the owner of a protected design the exclusive right to make, import, or distribute for sale or use in trade any useful article embodying such design.
Specifies the criteria for determination of infringement of a protected design.
Provides that protection of a design shall be lost if application for registration is not made within one year after the date on which the design is first made public. Provides procedures for application for the protection of a design through a certificate of registration. Sets fees for services relating to the administration of this Act.
Specifies the ownership and transfer rights of designs subject to protection.
Provides remedies for infringement of a registered design, including injunctive relief and damages. Allows judicial review of a final refusal of the Register of the Copyright Office to register a design.
Prescribes penalties for fraudulent registration, false marking, and false representation of any design.
Requires the Secretary of Treasury and the U.S. Postal Service to issue regulations for the enforcement of rights concerning importation of useful articles.
Provides that this Act shall take effect one year after the date of enactment. States that no design made public prior to the effective date shall be protected.