[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1785 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1785

 To amend chapter 13 of title 17, United States Code (relating to the 
 vessel hull design protection), to clarify the distinction between a 
   hull and a deck, to provide factors for the determination of the 
protectability of a revised design, to provide guidance for assessments 
           of substantial similarity, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2005

Mr. Cornyn (for himself, Mr. Leahy, Mr. Hatch, and Mr. Kohl) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 13 of title 17, United States Code (relating to the 
 vessel hull design protection), to clarify the distinction between a 
   hull and a deck, to provide factors for the determination of the 
protectability of a revised design, to provide guidance for assessments 
           of substantial similarity, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vessel Hull Design Protection 
Amendments of 2005''.

SEC. 2. DESIGNS PROTECTED.

    Section 1301(a) of title 17, United States Code, is amended by 
striking paragraph (2) and inserting the following:
            ``(2) Vessel features.--The design of a vessel hull or 
        deck, including a plug or mold, is subject to protection under 
        this chapter, notwithstanding section 1302(4).''.

SEC. 3. DEFINITIONS.

    Section 1301(b) of title 17, United States Code, is amended--
            (1) in paragraph (2), by striking ``vessel hull, including 
        a plug or mold,'' and inserting ``vessel hull or deck, 
        including a plug or mold,'';
            (2) by striking paragraph (4) and inserting the following:
            ``(4) A `hull' is the exterior frame or body of a vessel, 
        exclusive of the deck, superstructure, masts, sails, yards, 
        rigging, hardware, fixtures, and other attachments.''; and
            (3) by adding at the end the following:
            ``(7) A `deck' is the horizontal surface of a vessel that 
        covers the hull, including exterior cabin and cockpit surfaces, 
        and exclusive of masts, sails, yards, rigging, hardware, 
        fixtures, and other attachments.''.
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