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U.S. Code as of:
01/19/04
Section 1338. Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition
(a) The district courts shall have original jurisdiction of any
civil action arising under any Act of Congress relating to patents,
plant variety protection, copyrights and trademarks. Such
jurisdiction shall be exclusive of the courts of the states in
patent, plant variety protection and copyright cases.
(b) The district courts shall have original jurisdiction of any
civil action asserting a claim of unfair competition when joined
with a substantial and related claim under the copyright, patent,
plant variety protection or trademark laws.
(c) Subsections (a) and (b) apply to exclusive rights in mask
works under chapter 9 of title 17, and to exclusive rights in
designs under chapter 13 of title 17, to the same extent as such
subsections apply to copyrights.
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