3.0.0 3728 2023-01-11T13:21:08Z 2023-01-11T13:21:08Z Senate S S 2010-08-05 111 ssju00 Judiciary Committee Senate Standing Reported by 2010-12-06T20:10:57Z Markup by 2010-12-01T22:02:24Z Referred to 2010-08-05T20:07:46Z Design Piracy Prohibition Act 111 2196 HR 2009-04-30 Referred to the House Committee on the Judiciary. Related bill CRS 2010-12-06 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 674. Calendars 2010-12-06 ssju00 Judiciary Committee Senate Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report. Committee 2010-12-06 Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report. Committee 14000 9 Library of Congress ssju00 Judiciary Committee 2010-12-01 ssju00 Judiciary Committee Senate Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably. Committee 2010-08-05 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2010-08-05 Sponsor introductory remarks on measure. (CR S6893-6894) IntroReferral B00100 9 Library of Congress 2010-08-05 Introduced in Senate IntroReferral 10000 9 Library of Congress S000148 Sen. Schumer, Charles E. [D-NY] Charles Schumer D NY E. N H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT 2010-08-05 True G000359 Sen. Graham, Lindsey [R-SC] Lindsey Graham R SC 2010-08-05 True W000802 Sen. Whitehouse, Sheldon [D-RI] Sheldon Whitehouse D RI 2010-08-05 True G000555 Sen. Gillibrand, Kirsten E. [D-NY] Kirsten Gillibrand D NY E. 2010-08-05 True S000663 Sen. Snowe, Olympia J. [R-ME] Olympia Snowe R ME J. 2010-08-05 True B000711 Sen. Boxer, Barbara [D-CA] BARBARA BOXER D CA 2010-08-05 True F000062 Sen. Feinstein, Dianne [D-CA] Dianne Feinstein D CA 2010-08-05 True C000141 Sen. Cardin, Benjamin L. [D-MD] Ben Cardin D MD 2010-08-05 True K000305 Sen. Kohl, Herb [D-WI] HERBERT KOHL D WI H. 2010-08-05 True H001016 Sen. Hutchison, Kay Bailey [R-TX] KAY HUTCHISON R TX BAILEY 2010-08-05 True Commerce Civil actions and liability Fraud offenses and financial crimes Government information and archives Intellectual property Marine and inland water transportation Product development and innovation Commerce 00 2010-08-05 Introduced in Senate 2010-12-29T18:47:15Z Innovative Design Protection and Piracy Prevention Act - Extends copyright protection to fashion designs. Includes as protected items clothing, handbags, duffel bags, tote bags, belts, and eyeglass frames. Excludes from such protection designs embodied in a useful article made public by the designer more than three years before the date upon which protection of the design is asserted. Prohibits considering certain factors in determining the protection of a fashion design.

Sets the term of protection at 3 years for a fashion design and 10 years for a design of a vessel hull.

Declares that it is not infringement to make, have made, import, sell, offer for sale, advertise, or distribute any article embodying a design which was created without knowledge, either actual or reasonably inferred from the totality of the circumstances, that a design was protected and was copied from such protected design.

Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design.

Prohibits deeming a fashion design to have been copied from a protected design if it: (1) is not substantially identical in overall visual appearance to and as to the original elements of a protected design; or (2) is the result of independent creation.

Applies the doctrines of secondary infringement or secondary liability to actions related to original designs.

Rewrites provisions concerning the remedy for infringement. States, in general, that: (1) in the case of a vessel hull, the owner of a design is entitled, after issuance of a certificate of registration of the design, to institute an action for any infringement of the design; and (2) in the case of a fashion design, the owner of a design is entitled to institute an action for any infringement of the design after the design is made public.

Increases the penalty for false representation.

]]> 01 2010-12-06 Reported to Senate with amendment(s) 2010-12-29T18:48:59Z Innovative Design Protection and Piracy Prevention Act - (Sec. 2) Extends copyright protection to fashion designs. Revises the definition of "useful article" to include an article of apparel.

Defines "apparel" as articles including clothing, handbags, purses, wallets, tote bags, belts, and eyeglass frames.

Excludes from protection designs embodied in a useful article that was made public by the designer or owner: (1) more than two years before the date of the application for registration in the case of a vessel hull design; and (2) more than three years before the date upon which protection of the design is asserted in the case of a fashion design.

Prohibits considering the presence or absence of a particular color or of a pictorial or graphic work imprinted on fabric when determining the protection of a fashion design.

Sets the term of protection at 3 years for a fashion design and 10 years for a design of a vessel hull.

Revises provisions concerning acting without knowledge to state that it is not infringement to make, have made, import, sell, offer for sale, advertise, or distribute any article embodying a design which was created without knowledge, either actual or reasonably inferred from the totality of the circumstances, that a design was protected and was copied from such protected design.

Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design.

Prohibits deeming a fashion design to have been copied from a protected design if it: (1) is not substantially identical in overall visual appearance to and as to the original elements of a protected design; or (2) is the result of independent creation.

Declares that it is not an infringement for a person to produce a single copy of a protected design for personal use or for the use of an immediate family member, if that copy is not offered for sale or use in trade during the protection period.

Rewrites provisions concerning the remedy for infringement to state, in general, that: (1) in the case of a vessel hull, the owner of a design is entitled, after issuance of a certificate of registration of the design, to institute an action for any infringement of the design; and (2) in the case of a fashion design, the owner of a design is entitled to institute an action for any infringement of the design after the design is made public.

Sets forth pleading requirements for a claimant in an action for fashion design infringement.

Increases the penalty for false representation.

Excludes protected fashion designs from: (1) importation enforcement regulations issued by the Secretary of the Treasury and the U.S. Postal Service; and (2) seizure and forfeiture provisions. Limits the applicability of such regulations and provisions to specified vessel hulls.

]]> Innovative Design Protection and Piracy Prevention Act Display Title Innovative Design Protection and Piracy Prevention Act Official Title as Introduced A bill to amend title 17, United States Code, to extend protection to fashion design, and for other purposes. Introduced in Senate IS Short Titles as Introduced Innovative Design Protection and Piracy Prevention Act Short Titles as Reported to Senate Innovative Design Protection and Piracy Prevention Act S Senate Reported to Senate 2010-12-06T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s3728rs/xml/BILLS-111s3728rs.xml Introduced in Senate 2010-08-05T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s3728is/xml/BILLS-111s3728is.xml 2010-12-06 Placed on Senate Legislative Calendar under General Orders. Calendar No. 674. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.