[Congressional Record Volume 153, Number 150 (Thursday, October 4, 2007)]
[Senate]
[Page S12826]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            VESSEL HULL DESIGN PROTECTION AMENDMENTS OF 2007

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 404, S. 1640.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1640) to amend chapter 13 of title 17, United 
     States Code (relating to the vessel hull design protection), 
     to clarify the definition of a hull and a deck.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, today the Senate will pass S. 1640, the 
Vessel Hull Design Protection Act Amendments of 2007, after the 
Judiciary Committee voted unanimously to send it to the floor. This is 
a small but important piece of legislation, and I thank my cosponsors, 
Senator Cornyn, Senator Kohl, and Senator Whitehouse, for all their 
hard work. Last year, this bill was passed by the Judiciary Committee 
and by the full Senate, but unfortunately the House held it hostage to 
an unrelated bill at the end of the session. I don't want that to 
happen again this year.
  In 1998, Congress passed the Vessel Hull Design Protection Act to 
recognize the significant time, effort, and innovation that figure into 
ship design. Recent courtroom experience has made it clear that in 
order to be effective, this law needs to be clarified and refined. Our 
bill does exactly this, and no more, by clarifying the definition of 
``hull'' and ``deck.'' This ensures that the intellectual property 
rights of vessel hull designers will be protected.
  I look forward to this bill becoming law.
  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read the third time, and passed; that the motion to reconsider be laid 
upon the table, with no intervening action or debate; and that any 
statements relating thereto be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1640) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1640

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

     SECTION 1. VESSEL HULL DESIGN PROTECTION.

       (a) Short Title.--This section may be cited as the ``Vessel 
     Hull Design Protection Amendments of 2007''.
       (b) 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, deck, 
     or combination of a hull and deck, including a plug or mold, 
     is subject to protection under this chapter, notwithstanding 
     section 1302(4).''.
       (c) 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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