12 2 STA T .4 2 57PUBLIC LA W 11 0– 40 3—O CT. 13 , 200 8Sec.502 . GAOaudit a n d r e po rt on nondup l ication and e f ficienc y . Sec. 50 3 . Sen s eof C on g ress. SEC.2 . R E F ERE N CE. Anyref eren c e i n th i s Act t o the ‘ ‘ T r ad e m ar k Act of 1946’ ’ refers to the Act entit l ed ‘‘An Act to p ro v ide for the re g istration of trademarks u sed in commerce , to carry out the provisions of certain international conventions, and for other purposes’’, approved J uly 5 , 1946 ( 15 U.S . C .1 0 51etse q . ) . SEC. 3 . D EF I NI T I O N. I n this Act, the term ‘‘United States person’’ means — (1) any United States resident or national, ( 2 ) any domestic concern (including any permanent domestic esta b lishment of any foreign concern), and ( 3 ) any foreign subsidiary or affiliate (including any perma - nent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern, e x cept that such term does not include an individual w ho resides outside the United States and is employed by an individual or entity other than an individual or entity described in paragraph (1), (2), or (3). TI T LE I — E NHA N C E M ENT S T O CI V IL INTELLECT U AL PR OPERT Y LA W S SEC. 10 1. RE G ISTR A TION OF C L AI M . (a) LIM I TA TI ON TO CI V I L A C TION S;H A R ML E SS E RROR.—Section 411 of title 1 7 , United States Code, is amended— (1) in the section heading, by inserting ‘‘ CIV I L ’’ before ‘‘I NFR IN GEM EN T ’’; (2) in subsection (a)— (A) in the first sentence, by striking ‘‘no action’’ and inserting ‘‘no civil action’’; and ( B ) in the second sentence, by striking ‘‘an action’’ and inserting ‘‘a civil action’’; (3) by redesignating subsection (b) as subsection (c); (4) in subsection (c), as so redesignated by paragraph (3), by striking ‘‘506 and sections 509 and’’ and inserting ‘‘505 and section’’; and (5) by inserting after subsection (a) the following
‘‘(b)(1) A certificate of registration satisfies the requirements of this section and section 412, regardless of whether the certificate contains any inaccurate information, unless— ‘‘(A) the inaccurate information was included on the application for copyright registration with knowledge that it was inaccurate; and ‘‘(B) the inaccuracy of the information, if known, would have caused the R egister of Copyrights to refuse registration. ‘‘(2) In any case in which inaccurate information described under paragraph (1) is alleged, the court shall request the Register of Copyrights to advise the court whether the inaccurate informa- tion, if known, would have caused the Register of Copyrights to refuse registration. ‘‘(3) N othing in this subsection shall affect any rights, obliga- tions, or requirements of a person related to information contained 15USC 1 80 1 .
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