28-U.S.C.-1338
§1338 – Patents, Plant Variety Protection, Copyrights, Mask Works, Designs, Trademarks, and Unfair Competition
Pathway
Title 28 > Part IV > Chapter 85 > Section 1338
Details
- Reference: Section 1338
- Legend: §1338 – Patents, Plant Variety Protection, Copyrights, Mask Works, Designs, Trademarks, and Unfair Competition
- USCode Year: 2013
Provision Content
(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. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. For purposes of this subsection, the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(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.
(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 91–577, title III, §143(b), Dec. 24, 1970, 84 Stat. 1559; Pub. L. 100–702, title X, §1020(a)(4), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 105–304, title V, §503(b)(1), (2)(A), Oct. 28, 1998, 112 Stat. 2917; Pub. L. 106–113, div. B, §1000(a)(9) [title III, §3009(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–551; Pub. L. 112–29, §19(a), Sept. 16, 2011, 125 Stat. 331.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§41(7) and 371(5) (Mar. 3, 1911, ch. 231, §§24, par. 7, 256, par. 5, 36 Stat. 1092, 1160).
Section consolidates section 41(7) with section 371 (5) of title 28, U.S.C., 1940 ed., with necessary changes in phraseology.
Words of any civil action were substituted for all suits at law or in equity and cases to conform section to Rule 2 of the Federal Rules of Civil Procedure.
Word patents was substituted for patent-right in said section 371 (Fifth) of title 28, U.S.C., 1940 ed.
Similar provisions respecting suits cognizable in district courts, including those of territories and possessions. (See section 34 of title 17, U.S.C., 1940 ed., Copyrights.)
Subsection (b) is added and is intended to avoid piecemeal litigation to enforce common-law and statutory copyright, patent, and trade-mark rights by specifically permitting such enforcement in a single civil action in the district court. While this is the rule under Federal decisions, this section would enact it as statutory authority. The problem is discussed at length in Hurn v. Oursler (1933, 53 S.Ct. 586, 289 U.S. 238, 77 L.Ed. 1148) and in Musher Foundation v. Alba Trading Co. (C.C.A. 1942, 127 F.2d 9) (majority and dissenting opinions).
Amendments
2011—Subsec. (a). Pub. L. 112–29 substituted No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. For purposes of this subsection, the term ‘State’ includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. for Such jurisdiction shall be exclusive of the courts of the states in patent, plant variety protection and copyright cases.
1999—Pub. L. 106–113 substituted trademarks for trade-marks in section catchline and subsec. (a) and substituted trademark for trade-mark in subsec. (b).
1998—Pub. L. 105–304, §503(b)(2)(A), inserted designs, after mask works, in section catchline.
Subsec. (c). Pub. L. 105–304, §503(b)(1), inserted , and to exclusive rights in designs under chapter 13 of title 17, after title 17.
1988—Pub. L. 100–702, §1020(a)(4)(B), amended section catchline generally, inserting mask works, after copyrights,.
Subsec. (c). Pub. L. 100–702, §1020(a)(4)(A), added subsec. (c).
1970—Pub. L. 91–577 inserted references to plant variety protection in section catchline and in subsecs. (a) and (b).
Effective Date of 2011 Amendment
Amendment by Pub. L. 112–29 applicable to any civil action commenced on or after Sept. 16, 2011, see section 19(e) of Pub. L. 112–29, set out as a note under section 1295 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–577 effective Dec. 24, 1970, see section 141 of Pub. L. 91–577, set out as an Effective Date note under section 2321 of Title 7, Agriculture.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-1331 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-1331, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-1296 in the Legal Encyclopedia: Jurisdiction
In this entry about 28-U.S.C.-1296, find legal reference material, bibliographies and premiere content related to jurisdiction in the American Encyclopedia of Law, presenting a comprehensive view of the United States jurisdiction-specific issues, written by authorities in the field.
28-U.S.C.-91 in the Legal Encyclopedia: District Courts
In this entry about 28-U.S.C.-91, find legal reference material, bibliographies and premiere content related to district courts in the American Encyclopedia of Law, presenting a comprehensive view of the United States district courts-specific issues, written by authorities in the field.
Leave a Reply