Sec. 1338. Patents, plant variety protection, copyrights, mask works,
designs, trade-marks, and unfair competition
- (a) The district courts shall have original jurisdiction of any civil
action arising under any Act of Congress relating to patents, plant variety
protection, copyrights and trade-marks. Such jurisdiction shall be exclusive of
the courts of the states in patent, plant variety protection and copyright
cases.
- (b) The district courts shall have original jurisdiction of any civil
action asserting a claim of unfair competition when joined with a substantial
and related claim under the copyright, patent, plant variety protection or
trade-mark laws.
- (c) Subsections (a) and (b) apply to exclusive rights in mask works
under chapter 9 of title 17, and to exclusive rights in designs under chapter
13 of title 17, to the same extent as such subsections apply to copyrights.