[Congressional Record Volume 151, Number 154 (Friday, November 18, 2005)]
[Senate]
[Pages S13412-S13413]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            VESSEL HULL DESIGN PROTECTION AMENDMENTS of 2005

  Mr. McConnell. Mr. President, I ask unanimous consent the Judiciary 
Committee be discharged from further consideration of S. 1785 and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, Senator Cornyn and I have already worked 
together on significant Freedom of Information Act legislation and on 
counterfeiting legislation during the first session of this Congress. 
Today, we pass yet another bill and take our partnership to the high 
seas, or at least to our Nation's boat manufacturing industry, with the 
Vessel Hull Design Protection Act Amendments of 2005.
  Designs of boat vessel hulls are often the result of a great deal of 
time, effort, and financial investment. They are afforded intellectual 
property protection under the Vessel Hull Design Protection Act that 
Congress passed in 1998. This law exists for the same reason that other 
works enjoy intellectual property rights: to encourage continued 
innovation, to protect the works that emerge from the creative process, 
and to reward the creators. Recent courtroom experience has made it 
clear that the protections Congress passed 7 years ago need some 
statutory refinement to ensure they meet the purposes we envisioned. 
The Vessel Hull Design Protection Act Amendments shore up the law, 
making an important clarification about the scope of the protections 
available to boat designs.
  We continue to be fascinated with, and in so many ways dependent on, 
bodies of water, both for recreation and commerce. More than 50 percent 
of Americans live on or near the coastline in this country. We seem 
always to be drawn to the water, whether it is the beautiful Lake 
Champlain in my home State of Vermont or the world's large oceans. And 
as anyone who has visited our seaports can attest, much of our commerce 
involves sea travel. I would like to thank Senators Kohl and Hatch for 
cosponsoring this legislation. Protecting boat designs and encouraging 
innovation in those designs are worthy aims, and I am grateful that we 
have moved to pass this bipartisan legislation.
  Mr. McCONNELL. I ask unanimous consent the bill be read a third time 
and passed, the motion to reconsider be laid on the table with no 
intervening action or debate, and any statements be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1785) was read the third time and passed, as follows:

                                S. 1785

       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.''.

[[Page S13413]]



                          ____________________