12 2 STA T .4 2 58PUBLIC LA W 11 0– 40 3—O CT. 13 , 2008 inareg i st rati o n c erti f icate , e x ce p tfort h e instit u tion of an d re m- edies in infringement actions under this section and section 412.’ ’. (b)TECHNI C AL AN DCO N F O RM IN GA MENDMEN TS . — (1) S ection 412 of tit l e1 7 , U nited States Code, is amended b y stri k ing ‘ ‘411(b)’’ and inserting ‘‘411(c)’’. (2) The item relating to section 411 in the table of sections for chapter 4 of title 17, United States Code, is amended to read as follo w s
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‘ Sec.41 1. R e gistra ti on an d ci v i l in f ringe m ent actions. ’ ’. SEC.102 .C IV I LR E M E D IES FO RI N FRIN G EMEN T . (a) I N G ENERAL.—Section 503 (a) of title 17, United States Code, is amended to read as follows: ‘‘(a)(1) At any time while an action under this title is pending, the court may order the impounding, on such terms as it may deem reasonable— ‘‘(A) of all copies or phonorecords claimed to ha v e been made or used in violation of the exclusive right of the copyright owner
‘‘( B ) of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies of phonorecords may be reproduced; and ‘‘(C) of records documenting the manufacture, sale, or receipt of things involved in any such violation, provided that any records sei z ed under this subparagraph shall be taken into the custody of the court. ‘‘(2) F or impoundments of records ordered under paragraph (1)(C), the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been impounded. The protective order shall provide for appro- priate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. ‘‘(3) The relevant provisions of paragraphs (2) through (11) of section 34(d) of the Trademark Act (15 U.S.C. 111 6 (d)(2) through (11)) shall extend to any impoundment of records ordered under paragraph (1)(C) that is based upon an ex parte application, not- withstanding the provisions of rule 65 of the Federal R ules of Civil P rocedure. Any references in paragraphs (2) through (11) of section 34(d) of the Trademark Act to section 32 of such Act shall be read as references to section 501 of this title, and references to use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services shall be read as ref- erences to infringement of a copyright.’’. (b) PROTECTI V E O RDER FOR SEI Z ED RECORDS.—Section 34(d)(7) of the Trademark Act (15 U.S.C. 1116(d)(7)) is amended to read as follows: ‘‘(7) Any materials seized under this subsection shall be taken into the custody of the court. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used.’’. Records.P ro t ect iv e order.
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