Section 1309. Infringement

(a) Acts of Infringement. Except as provided in subsection (b), it shall

be infringement of the exclusive rights in a design protected under this

chapter for any person, without the consent of the owner of the design,

within the United States and during the term of such protection, to-

(1) make, have made, or import, for sale or for use in trade, any

infringing article as defined in subsection (e); or

(2) sell or distribute for sale or for use in trade any such infringing

article.

(b) Acts of Sellers and Distributors. A seller or distributor of an

infringing article who did not make or import the article shall be

deemed to have infringed on a design protected under this chapter only

if that person-

(1) induced or acted in collusion with a manufacturer to make, or an

importer to import such article, except that merely purchasing or giving

an order to purchase such article in the ordinary course of business

shall not of itself constitute such inducement or collusion; or

(2) refused or failed, upon the request of the owner of the design, to

make a prompt and full disclosure of that person's source of such

article, and that person orders or reorders such article after receiving

notice by registered or certified mail of the protection subsisting in

the design.

(c) Acts without Knowledge. It shall not be infringement under this

section to make, have made, import, sell, or distribute, any article

embodying a design which was created without knowledge that a design was

protected under this chapter and was copied from such protected design.

(d) Acts in Ordinary Course of Business. A person who incorporates into

that person's product of manufacture an infringing article acquired from

others in the ordinary course of business, or who, without knowledge of

the protected design embodied in an infringing article, makes or

processes the infringing article for the account of another person in

the ordinary course of business, shall not be deemed to have infringed

the rights in that design under this chapter except under a condition

contained in paragraph (1) or (2) of subsection (b). Accepting an order

or reorder from the source of the infringing article shall be deemed

ordering or reordering within the meaning of subsection (b)(2).

(e) Infringing Article Defined. As used in this section, an "infringing

article" is any article the design of which has been copied from a

design protected under this chapter, without the consent of the owner of

the protected design. An infringing article is not an illustration or

picture of a protected design in an advertisement, book, periodical,

newspaper, photograph, broadcast, motion picture, or similar medium. A

design shall not be deemed to have been copied from a protected design

if it is original and not substantially similar in appearance to a

protected design.

(f) Establishing Originality. The party to any action or proceeding

under this chapter who alleges rights under this chapter in a design

shall have the burden of establishing the design's originality whenever

the opposing party introduces an earlier work which is identical to such

design, or so similar as to make prima facie showing that such design

was copied from such work.

(g) Reproduction for Teaching or Analysis. It is not an infringement of

the exclusive rights of a design owner for a person to reproduce the

design in a useful article or in any other form solely for the purpose

of teaching, analyzing, or evaluating the appearance, concepts, or

techniques embodied in the design, or the function of the useful article

embodying the design.

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 · 第 11 / 34 章