US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 17USC1328]

 
                          TITLE 17--COPYRIGHTS
 
               CHAPTER 13--PROTECTION OF ORIGINAL DESIGNS
 
Sec. 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, Sec. 502, Oct. 28, 1998, 112 Stat. 
2916.)

                       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.