Design Protection Act of 1980

Summary

Design Protection Act of 1980 - Amends the Copyright Act to provide for the protection of original ornamental designs of useful articles, except designs that are: (1) not original; (2) staple or commonplace; (3) determined solely by a utilitarian function; or (4) composed of three-dimensional features of shape and surface in wearing apparel. Stipulates that protection for a design shall be available for subject matter usually excluded if the design is a substantial revision, adoption, or rearrangement of such subject matter. Sets the term of protection at five years, which may be renewed for an additional five years upon proper application. Requires the design to be marked with a design notice when it is made public. Stipulates 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. 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 six months after the date on which the design is first made public. Provides procedures for application for the protection of a design. 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 Administrator of the Copyright Office to register a design. Prescribes penalties for fraudulent registration, false marking, and false representation of any design. Provides that this Act shall take effect one year after the date of enactment. Stipulates that no design made public prior to the effective date shall be protected. Provides protection of a pictorial, graphic, or sculptural work for which copyright subsists if such work is utilized in an original ornamental design of a useful article.

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1 official file

• Introduced in House

  summary · EN · 19 June 1979

  Open at official source

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