[Federal Register: February 13, 2003 (Volume 68, Number 30)]
[Notices]
[Page 7350-7351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe03-20]
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LIBRARY OF CONGRESS
Copyright Office
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. 2003-1]
Vessel Hull Design Protection Act
AGENCIES: The United States Copyright Office, Library of Congress; and
the United States Patent and Trademark Office, Department of Commerce.
ACTION: Request for comments and notice of public hearing.
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SUMMARY: In preparation for the report to the Congress on the Vessel
Hull Design Protection Act, the United States Copyright Office and the
United States Patent and Trademark Office are requesting written
comments and are announcing a public hearing.
DATES: Written comments must be received on or before March 20, 2003.
Reply comments must be received on or before April 14, 2003. The public
meeting will be held on March 27, 2003, starting at 10 a.m. at the
address below. Requests to participate or attend the public meeting are
on a first-come, first-served basis and must be received by close of
business on March 20, 2003.
ADDRESSES: If sent by mail, five copies of written comments and replies
each should be addressed to: William J. Roberts, Jr., Senior Attorney,
GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024-0400
and Linda S. Lourie, Attorney-Advisor, Office of External Affairs,
United States Patent and Trademark Office, Box 4, Department of
Commerce, Washington, DC 20231. If hand delivered, they should be
brought to: Office of the General Counsel, James Madison Memorial
Building, Room LM-403, First and Independence Avenues, SE., Washington,
DC and the Office of External Affairs, United States Patent and
Trademark Office, Suite 902, 2121 Crystal Drive, Crystal Park 2,
Arlington, VA. The public meeting will take place in LM-414 (CARP
Hearing Room), James Madison Memorial Building, First and Independence
Avenue, SE., Washington, DC. Notices of intent to participate in the
public hearing should be faxed to (202) 252-3423 or e-mailed to
wroberts@loc.gov.
FOR FURTHER INFORMATION CONTACT: William J. Roberts, Jr., Senior
Attorney, P.O. Box 70977, Southwest Station, Washington, DC 20024.
Telephone: (202) 707-8380. Telefax: (202) 707-8366. Linda S. Lourie,
Attorney-Advisor, Office of External Affairs, U.S. Patent and Trademark
Office, Box 4, Department of Commerce, Washington, DC 20231. Telephone:
(703) 305-9300. Telefax: (703) 305-8885.
SUPPLEMENTARY INFORMATION:
Background
As a part of the Digital Millennium Copyright Act of 1998, Congress
passed the Vessel Hull Design Protection Act (``VHDPA'') which created
sui generis protection for original designs of watercraft hulls and
decks. The VHDPA was slated to sunset after two years but in 1999, as
part of the Intellectual Property and Communications Omnibus Reform
Act, the VHDPA was made a permanent part of the law. See 17 U.S.C.
chapter 13. In making the VHDPA permanent, Congress directed the
Register of Copyrights and the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent and
Trademark Office to conduct a study on the effectiveness of the VHDPA
and report their findings to the Judiciary Committees of the Senate and
House of Representatives by November 1, 2003.
In conducting the study, the Copyright Office and the U.S. Patent
and Trademark Office are required to consider a number of factors. See
Section 504 of the Digital Millennium Copyright Act of 1998, Pub. L.
No. 105-304, 112 Stat. 2860. First, we must examine the extent to which
the VHDPA has been effective in suppressing infringement of protected
vessel hull
[[Page 7351]]
designs. Second, we must consider the extent to which the vessel hull
design registration process contained in chapter 13 of title 17 has
been utilized by those eligible to claim protection. Third, we must
consider the extent to which the creation of new designs of vessel
hulls have been encouraged by the VHDPA. Fourth, we must examine the
effect, if any, that the VHDPA has had on the price of protected vessel
hulls.
Finally, we are directed to consider any other factors deemed
relevant to accomplishing the purpose of this study. One item for
consideration under this category is what, if any, amendments need to
be made to the VHDPA to improve its function and/or effectiveness.
Request for Written Comments
In order to accomplish our assigned task, the cooperation and
participation of marine manufacturers, designers and those affected by
the VHDPA is essential. Consequently, we request interested parties to
submit written comments and information/data relevant to the study
factors described above. Although we are desirous of information
related to all factors, we are particularly interested in receiving
information as to how the VHDPA has stimulated the creation of new
vessel hull designs, and what effect, if any, protection for designs
has had on the price of watercraft. Interested parties submitting data
or information that they consider confidential should appropriately
mark such documents so that they are not included in the public record
of this proceeding.
Public Hearing
To further the goal of obtaining relevant information and drafting
the report, a public hearing will be held at the Copyright Office (see
above for the specific address) on Thursday, March 27, 2003, at 10 a.m.
The public hearing is intended to allow participants to present
relevant information and answer questions from staff preparing the
report. Those wishing to attend should notify the Copyright Office by
fax or e-mail no later than March 20, 2003.
Dated: February 10, 2003.
David O. Carson,
General Counsel, Copyright Office.
Jonathan W. Dudas,
Deputy Under Secretary of Commerce for Intellectual Property and Deputy
Director of the United States Patent and Trademark Office.
[FR Doc. 03-3749 Filed 2-12-03; 8:45 am]
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