2016 US Code
Title 17 - Copyrights
Chapter 13 - Protection of Original Designs
Sec. 1328 - Enforcement by Treasury and Postal Service

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Citation 17 U.S.C. § 1328 (2016)
Section Name §1328. Enforcement by Treasury and Postal Service
Section Text

(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.

Source Credit

(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.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 17 - COPYRIGHTS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 17 - COPYRIGHTS
CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS
Sec. 1328 - Enforcement by Treasury and Postal Service
Contains section 1328
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large Reference 112 Stat. 2916
Public Law References Public Law 105-304
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