[Federal Register Volume 68, Number 30 (Thursday, February 13, 2003)]
[Notices]
[Pages 7350-7351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3749]


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LIBRARY OF CONGRESS

Copyright Office

DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. 2003-1]


Vessel Hull Design Protection Act

AGENCIES: The United States Copyright Office, Library of Congress; and 
the United States Patent and Trademark Office, Department of Commerce.

ACTION: Request for comments and notice of public hearing.

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SUMMARY: In preparation for the report to the Congress on the Vessel 
Hull Design Protection Act, the United States Copyright Office and the 
United States Patent and Trademark Office are requesting written 
comments and are announcing a public hearing.

DATES: Written comments must be received on or before March 20, 2003. 
Reply comments must be received on or before April 14, 2003. The public 
meeting will be held on March 27, 2003, starting at 10 a.m. at the 
address below. Requests to participate or attend the public meeting are 
on a first-come, first-served basis and must be received by close of 
business on March 20, 2003.

ADDRESSES: If sent by mail, five copies of written comments and replies 
each should be addressed to: William J. Roberts, Jr., Senior Attorney, 
GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024-0400 
and Linda S. Lourie, Attorney-Advisor, Office of External Affairs, 
United States Patent and Trademark Office, Box 4, Department of 
Commerce, Washington, DC 20231. If hand delivered, they should be 
brought to: Office of the General Counsel, James Madison Memorial 
Building, Room LM-403, First and Independence Avenues, SE., Washington, 
DC and the Office of External Affairs, United States Patent and 
Trademark Office, Suite 902, 2121 Crystal Drive, Crystal Park 2, 
Arlington, VA. The public meeting will take place in LM-414 (CARP 
Hearing Room), James Madison Memorial Building, First and Independence 
Avenue, SE., Washington, DC. Notices of intent to participate in the 
public hearing should be faxed to (202) 252-3423 or e-mailed to 
[email protected].

FOR FURTHER INFORMATION CONTACT: William J. Roberts, Jr., Senior 
Attorney, P.O. Box 70977, Southwest Station, Washington, DC 20024. 
Telephone: (202) 707-8380. Telefax: (202) 707-8366. Linda S. Lourie, 
Attorney-Advisor, Office of External Affairs, U.S. Patent and Trademark 
Office, Box 4, Department of Commerce, Washington, DC 20231. Telephone: 
(703) 305-9300. Telefax: (703) 305-8885.

SUPPLEMENTARY INFORMATION:

Background

    As a part of the Digital Millennium Copyright Act of 1998, Congress 
passed the Vessel Hull Design Protection Act (``VHDPA'') which created 
sui generis protection for original designs of watercraft hulls and 
decks. The VHDPA was slated to sunset after two years but in 1999, as 
part of the Intellectual Property and Communications Omnibus Reform 
Act, the VHDPA was made a permanent part of the law. See 17 U.S.C. 
chapter 13. In making the VHDPA permanent, Congress directed the 
Register of Copyrights and the Under Secretary of Commerce for 
Intellectual Property and Director of the United States Patent and 
Trademark Office to conduct a study on the effectiveness of the VHDPA 
and report their findings to the Judiciary Committees of the Senate and 
House of Representatives by November 1, 2003.
    In conducting the study, the Copyright Office and the U.S. Patent 
and Trademark Office are required to consider a number of factors. See 
Section 504 of the Digital Millennium Copyright Act of 1998, Pub. L. 
No. 105-304, 112 Stat. 2860. First, we must examine the extent to which 
the VHDPA has been effective in suppressing infringement of protected 
vessel hull

[[Page 7351]]

designs. Second, we must consider the extent to which the vessel hull 
design registration process contained in chapter 13 of title 17 has 
been utilized by those eligible to claim protection. Third, we must 
consider the extent to which the creation of new designs of vessel 
hulls have been encouraged by the VHDPA. Fourth, we must examine the 
effect, if any, that the VHDPA has had on the price of protected vessel 
hulls.
    Finally, we are directed to consider any other factors deemed 
relevant to accomplishing the purpose of this study. One item for 
consideration under this category is what, if any, amendments need to 
be made to the VHDPA to improve its function and/or effectiveness.

Request for Written Comments

    In order to accomplish our assigned task, the cooperation and 
participation of marine manufacturers, designers and those affected by 
the VHDPA is essential. Consequently, we request interested parties to 
submit written comments and information/data relevant to the study 
factors described above. Although we are desirous of information 
related to all factors, we are particularly interested in receiving 
information as to how the VHDPA has stimulated the creation of new 
vessel hull designs, and what effect, if any, protection for designs 
has had on the price of watercraft. Interested parties submitting data 
or information that they consider confidential should appropriately 
mark such documents so that they are not included in the public record 
of this proceeding.

Public Hearing

    To further the goal of obtaining relevant information and drafting 
the report, a public hearing will be held at the Copyright Office (see 
above for the specific address) on Thursday, March 27, 2003, at 10 a.m. 
The public hearing is intended to allow participants to present 
relevant information and answer questions from staff preparing the 
report. Those wishing to attend should notify the Copyright Office by 
fax or e-mail no later than March 20, 2003.

    Dated: February 10, 2003.
David O. Carson,
General Counsel, Copyright Office.
Jonathan W. Dudas,
Deputy Under Secretary of Commerce for Intellectual Property and Deputy 
Director of the United States Patent and Trademark Office.
[FR Doc. 03-3749 Filed 2-12-03; 8:45 am]
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