Vessel Hull Design Protection Amendments of 2008

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    Note: This is the original legislation as it was initially enacted. Any subsequent amendments hosted on WS may be listed using  What Links Here.
    110TH UNITED STATES CONGRESS
    2ND SESSION


    An Act
    To amend chapter 13 of title 17, United States Code (relating to the vessel hull design protection), to clarify the definitions of a hull and a deck.


    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    Section 1. Vessel Hull Design Protection.[edit]

    (a) Short Title.—
    This Act may be cited as the ``Vessel Hull Design Protection Amendments of 2008´´.
    (b) Designs Protected.—
    Section 1301(a) of title 17, United States Code, is amended by striking paragraph (2) and inserting the following:
    ``(2) VESSEL FEATURES.— The design of a vessel hull, deck, or combination of a hull and deck, including a plug or mold, is subject to protection under this chapter, notwithstanding section 1302(4).´´.
    (c) Exceptions.—
    Section 1301(a) of title 17, United States Code, is amended by adding at the end the following:
    ``(3) EXCEPTIONS.— Department of Defense rights in a registered design under this chapter, including the right to build to such registered design, shall be determined solely by operation of section 2320 of title 10 or by the instrument under which the design was developed for the United States Government.´´.
    (d) Definitions.—
    Section 1301(b) of title 17, United States Code, is amended—
    (1) in paragraph (2), by striking `vessel hull, including a plug or mold,´ and inserting `vessel hull or deck, including a plug or mold,´;
    (2) by striking paragraph (4) and inserting the following:
    ``(4) A `hull´ is the exterior frame or body of a vessel, exclusive of the deck, superstructure, masts, sails, yards, rigging, hardware, fixtures, and other attachments.´´; and
    (3) by adding at the end the following:
    ``(7) A `deck´ is the horizontal surface of a vessel that covers the hull, including exterior cabin and cockpit surfaces, and exclusive of masts, sails, yards, rigging, hardware, fixtures, and other attachments.´´.


    Approved October 16, 2008


    Legislative History[edit]