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HR 2196 111th Congress House Commerce Civil actions and liability Fraud offenses and financial crimes Government information and archives Intellectual property Marine and inland water transportation Product development and innovation

Design Piracy Prohibition Act

Introduced: April 30, 2009 See on congress.gov
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Apr 30, 2009
Referred to the House Committee on the Judiciary.
Apr 30, 2009
Introduced in House
 Plain-English summary Congressional Research Service

Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Includes as protected items clothing, handbags, duffel bags, tote bags, and eyeglass frames. Excludes from such protection designs embodied in a useful article made public by the designer more than six months before the registration of copyright application. Prohibits considering certain factors in determining the originality of a fashion design. Sets the term of protection at three years.

Declares that it is not infringement to make, have made, import, sell, or distribute any article which was created without reasonable grounds to know that design protection is claimed.

Prohibits deeming a fashion design to have been copied from a protected design if it: (1) is original and not closely and substantially similar in overall visual appearance to a protected design; (2) merely reflects a trend; or (3) is the result of independent creation.

Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design.

Applies the doctrines of secondary infringement or secondary liability to actions related to original designs.

Requires that applications for design registration be made within two years after the design is made public for vessel hulls and within six months after the design is made public for fashion designs. (Current law sets such a time limit at two years for designs in general.)

Increases allowable damage awards for infringement of original designs and for false representation.

Requires the Register of Copyrights to establish and maintain an electronically searchable fashion design database available to the public without charge.

What's happening now April 30, 2009

Referred to the House Committee on the Judiciary.

 Committees of jurisdiction 1