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U.S. Code as of:
01/19/04
Section 1301. Designs protected
(a) Designs Protected. -
(1) In general. - The designer or other owner of an original
design of a useful article which makes the article attractive or
distinctive in appearance to the purchasing or using public may
secure the protection provided by this chapter upon complying
with and subject to this chapter.
(2) Vessel hulls. - The design of a vessel hull, including a
plug or mold, is subject to protection under this chapter,
notwithstanding section 1302(4).
(b) Definitions. - For the purpose of this chapter, the following
terms have the following meanings:
(1) A design is "original" if it is the result of the
designer's creative endeavor that provides a distinguishable
variation over prior work pertaining to similar articles which is
more than merely trivial and has not been copied from another
source.
(2) A "useful article" is a vessel hull, including a plug or
mold, which in normal use has an intrinsic utilitarian function
that is not merely to portray the appearance of the article or to
convey information. An article which normally is part of a useful
article shall be deemed to be a useful article.
(3) A "vessel" is a craft -
(A) that is designed and capable of independently steering a
course on or through water through its own means of propulsion;
and
(B) that is designed and capable of carrying and transporting
one or more passengers.
(4) A "hull" is the frame or body of a vessel, including the
deck of a vessel, exclusive of masts, sails, yards, and rigging.
(5) A "plug" means a device or model used to make a mold for
the purpose of exact duplication, regardless of whether the
device or model has an intrinsic utilitarian function that is not
only to portray the appearance of the product or to convey
information.
(6) A "mold" means a matrix or form in which a substance for
material is used, regardless of whether the matrix or form has an
intrinsic utilitarian function that is not only to portray the
appearance of the product or to convey information.
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