Page:United States Statutes at Large Volume 112 Part 5.djvu/159

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PUBLIC LAW 105-304—OCT. 28, 1998 112 STAT. 2917 (b) JURISDICTION OF DISTRICT COURTS OVER DESIGN ACTIONS.— (1) Section 1338(c) of title 28, United States Code, is amended by inserting ", and to exclusive rights in designs under chapter 13 of title 17," after "title 17". (2)(A) The section heading for section 1338 of title 28, United States Code, is amended by inserting "designs," after "mask works,". (B) The item relating to section 1338 in the table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by inserting "designs," after "mask works,". (c) PLACE FOR BRINGING DESIGN ACTIONS. —(1) Section 1400(a) of title 28, United States Code, is amended by inserting "or designs" after "mask works". (2) The section heading for section 1400 of title 28, United States Code, is amended to read as follows: "Patents and copyrights, mask works, and designs*'. (3) The item relating to section 1400 in the table of sections at the beginning of chapter 87 of title 28, United States Code, is amended to read as follows: "1400. Patents and copyrights, mask works, and designs.". (d) ACTIONS AGAINST THE UNITED STATES.— Section 1498(e) of title 28, United States Code, is amended by inserting ", and to exclusive rights in designs under chapter 13 of title 17," after "title 17". SEC. 504. JOINT STUDY OF THE EFFECT OF THIS TITLE. 17 USC 1301 (a) IN GENERAL. — Not later than 1 year after the date of the Deadlines, enactment of this Act, and not later than 2 years after such date Reports, of enactment, the Register of Copyrights and the Commissioner of Patents and Trademarks shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a joint report evaluating the effect of the amendments made by this title. (b) ELEMENTS FOR CONSIDERATION.— In carrying out subsection (a), the Register of Copyrights and the Commissioner of Patents and Trademarks shall consider— (1) the extent to which the amendments made by this title has been effective in suppressing infringement of the design of vessel hulls; (2) the extent to which the registration provided for in chapter 13 of title 17, United States Code, as added by this title, has been utilized; (3) the extent to which the creation of new designs of vessel hulls have been encouraged by the amendments made by this title; (4) the effect, if any, of the amendments made by this title on the price of vessels with hulls protected under such amendments; and (5) such other considerations as the Register and the Commissioner may deem relevant to accomplish the purposes of the evaluation conducted under subsection (a).