Industrial Innovation and Technology Act of 1987

Summary

Industrial Innovation and Technology Act of 1987 - Amends the copyright law to provide for the protection of industrial designs of useful articles, 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) composed of three-dimensional features of shape and surface in wearing apparel; (6) a semiconductor chip product already protected under another provision; or (7) embodying a process or idea or system. 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. 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 a fee schedule for such process. 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 (Register of Copyrights) 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. States that no design made public prior to the effective date shall be protected. Provides protection of a pictorial, graphic, or sculptural work in which copyright subsists if such work is utilized in an original design of a useful article.

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1 official file

• Introduced in Senate

  summary · EN · 19 March 1987

  Open at official source

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