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17 U.S.C. § 1328

Enforcement by Treasury and Postal Service

Ch. 13 — PROTECTION OF ORIGINAL DESIGNS
Title 17 U.S.C. ● ACTIVE Primary Source Ch. 13
Statutory Text

17 U.S.C. § 1328 — Enforcement by Treasury and Postal Service

U.S.C. Title 17 - COPYRIGHTS 17 U.S.C. United States Code, 2023 Edition Title 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS Sec. 1328 - Enforcement by Treasury and Postal Service From the U.S. Government Publishing Office, www.gpo.gov

§1328. Enforcement by Treasury and Postal Service

(a) Regulations.—The Secretary of the Treasury and the United States Postal Service shall separately or jointly issue regulations for the enforcement of the rights set forth in section 1308 with respect to importation. Such regulations may require, as a condition for the exclusion of articles from the United States, that the person seeking exclusion take any one or more of the following actions: (1) Obtain a court order enjoining, or an order of the International Trade Commission under section 337 of the Tariff Act of 1930 excluding, importation of the articles. (2) Furnish proof that the design involved is protected under this chapter and that the importation of the articles would infringe the rights in the design under this chapter. (3) Post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified.

(b) Seizure and Forfeiture.—Articles imported in violation of the rights set forth in section 1308 are subject to seizure and forfeiture in the same manner as property imported in violation of the customs laws. Any such forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be, except that the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his or her acts constituted a violation of the law.

(Added Pub. L. 105–304, title V, §502, Oct. 28, 1998, 112 Stat. 2916.)

Editorial Notes

References in Text Section 337 of the Tariff Act of 1930, referred to in subsec. (a)(1), is classified to section 1337 of Title 19, Customs Duties.

Source: uscode.house.gov — public domain Official Source ↗
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17 U.S.C. § 1328
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The statutory text of 17 U.S.C. § 1328 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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← 17 U.S.C. § 1327 17 U.S.C. § 1329 →
Ch. 13 — PROTECTION OF ORIGINAL DESIGNS
17 U.S.C. § 130117 U.S.C. § 130217 U.S.C. § 130317 U.S.C. § 130417 U.S.C. § 130517 U.S.C. § 130617 U.S.C. § 130717 U.S.C. § 130817 U.S.C. § 130917 U.S.C. § 131017 U.S.C. § 131117 U.S.C. § 131217 U.S.C. § 131317 U.S.C. § 131417 U.S.C. § 131517 U.S.C. § 131617 U.S.C. § 131717 U.S.C. § 131817 U.S.C. § 131917 U.S.C. § 132017 U.S.C. § 132117 U.S.C. § 132217 U.S.C. § 132317 U.S.C. § 132417 U.S.C. § 132517 U.S.C. § 132617 U.S.C. § 132717 U.S.C. § 132817 U.S.C. § 132917 U.S.C. § 1330
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