Section 1301. Designs protected [3]

(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.

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 · 第 3 / 34 章