[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR205.12]

[Page 599]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 205_LEGAL PROCESSES--Table of Contents
 
                      Subpart B_Service of Process
 
Sec. 205.12  Process served on the Register of Copyrights or an employee in his or her official capacity.

    (a) Summonses, complaints and all other process directed to the 
Copyright Office, the Register of Copyrights or any other Copyright 
Office employee in his or her official capacity should be served on the 
General Counsel of the Copyright Office or his or her designee as 
indicated in Sec. 205.2 of this part. To effect proper service, the 
requirements of Rule 4(i) of the Federal Rules of Civil Procedure must 
also be satisfied by effecting service on both the United States 
Attorney for the district in which the action is brought and the 
Attorney General, Attn: Director of Intellectual Property Staff, 
Commercial Litigation Branch, Civil Division, Department of Justice, 
Washington, DC 20530.
    (b) If, notwithstanding paragraph (a) of this section, any employee 
of the Office is served with a summons or complaint in connection with 
the conduct of official business, that employee shall immediately notify 
and deliver the summons or complaint to the Office of the General 
Counsel of the Copyright Office.
    (c) Any employee receiving a summons or complaint shall note on the 
summons or complaint the date, hour, and place of service and mode of 
service.
    (d) The Office will accept service of process for an employee only 
when the legal proceeding is brought in connection with the conduct of 
official business carried out in the employee's official capacity.
    (e) When a legal proceeding is brought to hold an employee 
personally liable in connection with an action taken in the conduct of 
official business, rather than liable in an official capacity, the 
employee is to be served in accordance with any applicable statute, 
court rule, or rule of procedure. Service of process in this case is 
inadequate when made only on the General Counsel. An employee sued 
personally for an action taken in the conduct of official business shall 
immediately notify and deliver a copy of the summons or complaint to the 
General Counsel of the Copyright Office.