17-U.S.C.-1307
§1307 – Effect of Omission of Notice
Pathway
Title 17 > Chapter 13 > Section 1307
Details
- Reference: Section 1307
- Legend: §1307 – Effect of Omission of Notice
- USCode Year: 2013
Provision Content
(a) Actions With Notice.—Except as provided in subsection (b), the omission of the notice prescribed in section 1306 shall not cause loss of the protection under this chapter or prevent recovery for infringement under this chapter against any person who, after receiving written notice of the design protection, begins an undertaking leading to infringement under this chapter.
(b) Actions Without Notice.—The omission of the notice prescribed in section 1306 shall prevent any recovery under section 1323 against a person who began an undertaking leading to infringement under this chapter before receiving written notice of the design protection. No injunction shall be issued under this chapter with respect to such undertaking unless the owner of the design reimburses that person for any reasonable expenditure or contractual obligation in connection with such undertaking that was incurred before receiving written notice of the design protection, as the court in its discretion directs. The burden of providing written notice of design protection shall be on the owner of the design.
(Added Pub. L. 105–304, title V, §502, Oct. 28, 1998, 112 Stat. 2907.)
U.S. Encyclopedia of Law Coverage
17-U.S.C.-1004 in the Legal Encyclopedia: Copyrights
In this entry about 17-U.S.C.-1004, find legal reference material, bibliographies and premiere content related to copyrights in the American Encyclopedia of Law, presenting a comprehensive view of the United States copyrights-specific issues, written by authorities in the field.
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