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Fabio 76b8ec33a7 Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 17 U.S.C. § 1321 Remedy for infringement us united_states_code code_section 17 COPYRIGHTS 13 PROTECTION OF ORIGINAL DESIGNS 1321 17 U.S.C. § 1321 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc17@119-100.zip /us/usc/t17/s1321 data/legal/raw/us/code/title-17/usc17.xml abfbb38245d1585d6be4989adda2bd1dcbe36fbaa7f60fc54799f76ed04991d2 53c244d73050c7c92329dce6d1ccd78b9e2fece359d919b044b600b95258446c fcdc0e7d470dd1ded5425c95d84bdbc582781ec55ae8431f7db0175175a8df76 2026-07-04 official
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17 U.S.C. § 1321 - Remedy for infringement

Text

(a) In General.— The owner of a design is entitled, after issuance of a certificate of registration of the design under this chapter, to institute an action for any infringement of the design.

(b) Review of Refusal To Register.— (1) Subject to paragraph (2), the owner of a design may seek judicial review of a final refusal of the Administrator to register the design under this chapter by bringing a civil action, and may in the same action, if the court adjudges the design subject to protection under this chapter, enforce the rights in that design under this chapter.

(2) The owner of a design may seek judicial review under this section if—

(A) the owner has previously duly filed and prosecuted to final refusal an application in proper form for registration of the design;

(B) the owner causes a copy of the complaint in the action to be delivered to the Administrator within 10 days after the commencement of the action; and

(C) the defendant has committed acts in respect to the design which would constitute infringement with respect to a design protected under this chapter.

(c) Administrator as Party to Action.— The Administrator may, at the Administrators option, become a party to the action with respect to the issue of registrability of the design claim by entering an appearance within 60 days after being served with the complaint, but the failure of the Administrator to become a party shall not deprive the court of jurisdiction to determine that issue.

(d) Use of Arbitration To Resolve Dispute.— The parties to an infringement dispute under this chapter, within such time as may be specified by the Administrator by regulation, may determine the dispute, or any aspect of the dispute, by arbitration. Arbitration shall be governed by title 9. The parties shall give notice of any arbitration award to the Administrator, and such award shall, as between the parties to the arbitration, be dispositive of the issues to which it relates. The arbitration award shall be unenforceable until such notice is given. Nothing in this subsection shall preclude the Administrator from determining whether a design is subject to registration in a cancellation proceeding under section 1313(c).

(Added Pub. L. 105304, title V, § 502, Oct. 28, 1998, 112 Stat. 2913.)