[Congressional Record Volume 154, Number 95 (Tuesday, June 10, 2008)]
[Senate]
[Page S5449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Cornyn, Mr. Kohl, and Mr. 
        Whitehouse):
  S. 3106. A bill to amend chapter 13 of title 17, United States Code 
(relating to the vessel hull design protection), to clarify the 
definitions of a hull and a deck; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am happy to join with Senators Cornyn, 
Kohl, and Whitehouse as we introduce the Vessel Hull Design Protection 
Act Amendments of 2008. An earlier version of this small but important 
piece of legislation was passed unanimously by both the Judiciary 
Committee and the full Senate last year. The updated version of the 
bill that we offer today reflects conversations we have had recently 
with the Navy and gives the Department of Defense full assurance that 
Government and defense designs will not be subject to unwarranted 
restrictions.
  Congress passed the Vessel Hull Design Protection Act in 1998 to 
recognize the significant time, effort, and innovation involved in ship 
design. Litigation under the bill, however, 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 hope the Senate 
will move quickly to pass this revised, bipartisan legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3106

       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 2008''.
       (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) Exceptions.--Section 1301(a) of title 17, United States 
     Code, is amended by adding at the end the following:
       ``(3) Exceptions.--Department of Defense rights in a 
     registered design under this chapter, including the right to 
     build to such registered design, shall be determined solely 
     by operation of section 2320 of title 10, the United States 
     Code, or by the instrument under which the design was 
     developed for the United States Government.''.
       (d) 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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