(2) The owner of a design may seek judicial review under this section
if-
(A) the owner has previously duly filed and prosecuted to final refusal
an application in proper form for registration of the design;
(B) the owner causes a copy of the complaint in the action to be
delivered to the Administrator within 10 days after the commencement of
the action; and
(C) the defendant has committed acts in respect to the design which
would constitute infringement with respect to a design protected under
this chapter.
(c) Administrator as Party to Action. The Administrator may, at the
Administrator's option, become a party to the action with respect to the
issue of registrability of the design claim by entering an appearance
within 60 days after being served with the complaint, but the failure of
the Administrator to become a party shall not deprive the court of
jurisdiction to determine that issue.
(d) Use of Arbitration To Resolve Dispute. The parties to an
infringement dispute under this chapter, within such time as may be
specified by the Administrator by regulation, may determine the dispute,
or any aspect of the dispute, by arbitration.
Pages:
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458