Laws: Cases and Codes : U.S. Code : Title 28 : Section 1338


   
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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