S. 3106

A bill to amend chapter 13 of title 17, United States Code (relating to the vessel hull design protection), to clarify the definitions of a hull and a deck.

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II

110th CONGRESS

2d Session

S. 3106

IN THE SENATE OF THE UNITED STATES

June 10, 2008

Mr. Leahy (for himself, Mr. Cornyn, Mr. Kohl, and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend chapter 13 of title 17, United States Code (relating to the vessel hull design protection), to clarify the definitions of a hull and a deck.

1.

Vessel hull design protection

(a)

Short title

This section may be cited as the Vessel Hull Design Protection Amendments of 2008.

(b)

Designs protected

Section 1301(a) of title 17, United States Code, is amended by striking paragraph (2) and inserting the following:

(2)

Vessel features

The design of a vessel hull, deck, or combination of a hull and deck, including a plug or mold, is subject to protection under this chapter, notwithstanding section 1302(4).

.

(c)

Exceptions

Section 1301(a) of title 17, United States Code, is amended by adding at the end the following:

(3)

Exceptions

Department of Defense rights in a registered design under this chapter, including the right to build to such registered design, shall be determined solely by operation of section 2320 of title 10, the United States Code, or by the instrument under which the design was developed for the United States Government.

.

(d)

Definitions

Section 1301(b) of title 17, United States Code, is amended—

(1)

in paragraph (2), by striking vessel hull, including a plug or mold, and inserting vessel hull or deck, including a plug or mold,;

(2)

by striking paragraph (4) and inserting the following:

(4)

A hull is the exterior frame or body of a vessel, exclusive of the deck, superstructure, masts, sails, yards, rigging, hardware, fixtures, and other attachments.

; and

(3)

by adding at the end the following:

(7)

A deck is the horizontal surface of a vessel that covers the hull, including exterior cabin and cockpit surfaces, and exclusive of masts, sails, yards, rigging, hardware, fixtures, and other attachments.

.