1

Part 601

667

PART 601-ISSUANCE OF LICENSES UNDER FOREIGN PATENTS OWNED BY THE UNITED STATES

Sec.

601.1 Scope.

601.2 Application for licenses. 601.3 Type of license.

601.4 Conditions in licenses. 601.5 Revocation.

AUTHORITY: The provisions of this Part 601 issued under E.O. 9865, June 14, 1947, 12 F.R. 3907; 3 CFR, 1947 Supp.

SOURCE: The provisions of this Part 601 appear at 13 F.R. 313, Jan. 22, 1948, unless otherwise noted. Redesignated at 13 F.R. 6623, Nov. 10, 1948.

§ 601.1 Scope.

The regulations in this part are issued under the authority contained in Executive Order 9865 dated June 14, 1947. Under the Executive order, the Secretary of Commerce is required, where the best interests of the United States so indicate, to file patent applications in foreign countries covering inventions resulting from Government conducted or financed research embodied in United States patents owned by the Government of the United States. The Secretary of Commerce having obtained such foreign patent rights for the United States Government may issue licenses thereunder

135 F.R. 19350.

84-057-73-24

to nationals of the United States who make application therefor.

§ 601.2

Application for licenses.

An application for a license should be addressed to the Secretary of Commerce, Washington 25, D. C., Attention: Director, Business and Defense Services Administration. It should set forth the name and address of the individual, partnership, or corporation desiring the license, a brief description of the business activities in which engaged, and such other pertinent information as may be desired. The Government of the United States is interested in the maximum use being made of patented processes and devices which it owns, and, accordingly, the Secretary of Commerce will consider the likely ability of the applicant to use the patented process or device before determining that a license should or should not issue.

[13 F. R. 313, Jan. 22, 1948, as amended at 18 F. R. 8111, Dec. 10, 1953] § 601.3 Type of license.

Under existing law, the United States can issue only licenses which are revocable at will. Licenses will also be nonexclusive and royalty-free except where the Secretary of Commerce shall determine and proclaim it to be inconsistent with the public interest to issue licenses on such a basis.

§ 601.4

Conditions in licenses.

The licenses to be issued will be granted on the following express conditions: (a) The Government of the United States will not guarantee the validity of the patent covered by the license, nor will it undertake to defend any suits brought against the licensees or to indemnify for infringement of the patent; (b) the Government of the United States will reserve the right at any time to grant additional licenses; and (c) the Government will reserve the right to revoke the license at any time. It will also be provided in the license that it be nontransferable.

§ 601.5 Revocation.

Although licenses issued under the regulations in this part are revocable at will, licenses will not ordinarily be revoked. The occurrence of the following may, however, result in the revocation of the license: (a) Failure to abide by the terms and conditions of the license; (b) failure to use the process or device covered by the patent; (c) the bankruptcy or insolvency of the licensee.

615.3

Definitions.

Application.

615.4 Determination by the Director.

615.5 Maintenance and publication of a list of bona fide motor-vehicle manufacturers.

AUTHORITY: The provisions of this Part 615 issued under (schedule 6 of the Tariff Schedules of the United States) 19 U.S.C. 1202; sec. 501(2), 79 Stat. 1025, 19 U.S.C. 2031; Commerce Dept. Org. Order 40-1A, Feb. 11, 1971, 36 F.R. 4553.

SOURCE: The provisions of this Part 615 appear at 36 F.R. 7127, Apr. 15, 1971, unless otherwise noted.

§ 615.1 Scope and purpose.

The purpose of this part is to set forth regulations implementing headnote 2 to subpart B, part 6, schedule 6 of the Tariff Schedules of the United States as proclaimed by Proclamation No. 3682 of October 21, 1965 (3 CFR 140 (1964-65 Comp.)), issued pursuant to the Automotive Products Trade Act of 1965 (19 U.S.C. sec. 2031), by establishing a procedure under which a person may apply

to be determined a bona fide motorvehicle manufacturer. Under headnote 2 to Subpart B, part 6, schedule 6 of the Tariff Schedules of the United States, whenever the Secretary of Commerce has determined a person to be a bona fide motor-vehicle manufacturers, such person is eligible to obtain duty-free importation of certain Canadian articles and to issue certain orders, contracts, or letters of intent under or pursuant to which other persons, not themselves bona fide motor-vehicle manufacturers, may obtain duty-free treatment for such Canadian articles. The responsibilities of the Secretary of Commerce relating to the development, maintenance and publication of a list of bona fide motor-vehicle manufacturers and the authority to promulgate rules and regulations pertaining thereto, have been delegated to the Deputy Assistant Secretary and Director, Bureau of Domestic Commerce, Department of Commerce, with power of redelegation, by Department of Commerce Organization Order 40-1A of February 11, 1971.

[36 F.R. 7127, Apr. 15, 1971, as amended at 36 F.R. 8032, Apr. 29, 1971]

For the purposes of the regulations in this part and the forms issued to implement it:

(a) "Act" means the Automotive Products Trade Act of 1965 (79 Stat. 1016, 19 U.S.C.secs. 2001-2033).

(b) "Director" means the Deputy Assistant Secretary and Director, Bureau of Domestic Commerce, of the Department of Commerce, or such official as may be designated by him to act in his behalf.

(c) "Motor vehicle" means a motor vehicle of a kind described in item 692.05 or 692.10 of subpart B, part 6, schedule 6, of the Tariff Schedules of the United States (excluding an electric trolley bus and a three-wheeled vehicle) or an automobile truck tractor.

(d) "Bona fide motor-vehicle manufacturer" means a person who, upon application to the Director under this part, is determined by the Director to have produced no fewer than 15 complete motor vehicles in the United States during the 12-month period preceding the date certified in the application, and to have had as of such date installed capacity in the United States to produce 10 or more complete motor vehicles per 40hour week. A person shall only be re

garded as having had the capacity to produce a complete motor vehicle if his operations included the assembly of two or more major components (e.g., the attachment of a body to a chassis) to create a new motor vehicle ready for

use.

(e) "Person" includes any individual, corporation, partnership, association, company, or any other kind of organization.

(f) "United States" includes only the States, the District of Columbia, and Puerto Rico.

$615.3 Application.

Any person in the United States desiring to be determined a bona fide motorvehicle manufacturer shall apply to the Director by filing two copies of Form BDCF-725 in accordance with the instructions set forth on the form and in this part. Application forms may be obtained from the Director, field offices of the U.S. Department of Commerce, or from U.S. Collectors of Customs, and should be mailed or delivered to the: Bureau of Domestic Commerce (Mail Code 631), U.S. Department of Commerce, Washington, D.C. 20230.

§ 615.4

Determination by the Director.

(a) As soon as practicable after receipt of the application, the Director shall determine whether an applicant has produced no fewer than 15 complete motor vehicles in the United States during the 12-month period preceding the date certified in the application and as of such date, had installed capacity in the United States to produce 10 or more complete motor vehicles per 40-hour week. The Director may request such additional data from an applicant as he may deem appropriate to establish whether the applicant has satisfied the requirements of this part.

(b) A determination by the Director under this part shall be effective for a 12-month period to begin on the date as of which the Director determines that the applicant qualified under this part. Within 60 days prior to the termination of such period, a bona fide motor-vehicle manufacturer may apply for another determination under this part.

(c) The Director will promptly notify each applicant in writing of the final action taken on his application.

§ 615.5 Maintenance and publication of a list of bona fide motor-vehicle manufacturers.

The Director shall maintain, and publish from time to time in the FEDERAL REGISTER, a list of the names and addresses of bona fide motor-vehicle manufacturers, and the effective dates for each determination.

PART 667-OFFICIAL U.S. GOVERNMENT RECOGNITION OF AND PARTICIPATION IN INTERNATIONAL EXPOSITIONS HELD IN UNITED STATES

Sec.

667.1 Background and purpose.

667.2

667.3 667.4 667.5

667.6 667.7

Definitions.

Application for Federal recognition.
Action on application.

Report of the Secretary on Federal
recognition.

Statement for Federal participation. Proposed plan for Federal participation.

667.8 Report of the Secretary on Federal participation.

AUTHORITY: The provisions of this Part 667 are issued pursuant to 22 U.S.C. 2801 (84 Stat. 271); Department of Commerce Organization Order 40-1A.

SOURCE: The provisions of this Part 667 appear at 36 F.R. 5035, Mar. 17, 1971, unless otherwise noted.

§ 667.1 Background and purpose.

The regulations in this part are issued under the authority of Public Law 91-269 (84 Stat. 271), which establishes an orderly procedure for Federal Government recognition of, and participation in, international expositions to be held in the United States. The Act provides, inter alia, that Federal recognition of an exposition is to be granted upon a finding by the President that such recognition will be in the national interest. In making this finding, the President is directed to consider, among other factors, a report from the Secretary of Commerce as to the purposes and reasons for an exposition and the extent of financial and other support to be provided by the State and local officials and business and community leaders where the exposition is to be held, and a report by the Secretary of State to determine whether the exposition is qualified for registration under Bureau of International Exposition (BIE) rules. The BIE is an international organization established by the Paris Convention of 1928 (T.I.A.S. 6548 as

amended by T.I.A.S. 6549) to regulate the conduct and scheduling of international expositions in which foreign nations are officially invited to participate. The BIE divides international expositions into different categories and types and requires each member nation to observe specified minimum time intervals in scheduling each of these categories and types of expositions.1 Under BIE rules, member nations may not ordinarily participate in an international exposition unless such exposition has been approved by the BIE. The United States became a member of the BIE on April 30, 1968, upon ratification of the Paris Convention by the U.S. Senate (114 Cong. Rec. 11012). Federal participation in a recognized international exposition requires a specific authorization by the Congress, upon a finding by the President that such participation would be in the national interest. The Act provides for the transmission to Congress of a participation proposal by the President. This proposal transmits to the Congress information regarding the exposition, including a statement that it has been registered by the BIE and a plan for Federal participation prepared by the Secretary of Commerce in cooperation with other interested Federal departments and agencies.

1 The BIE defines a General Exposition of the First Category as an exposition dealing with progress achieved in a particular field applying to several branches of human activity at which the invited countries are obliged to construct national pavilions. A general Exposition of the Second Category is a similar exposition at which invited countries are not authorized to construct national pavilions, but occupy space provided by the exposition sponsors. Special Category Expositions are those dealing only with one particular technique, raw material, or basic need. The BIE frequency rules require that an interval of 15 years must elapse between General Expositions of the First Category held in the same country, and an interval of 10 years must elapse between General Expositions of the Second Category held in that country. As for Special Category Expositions an interval of 5 years must ordinarily elapse between Special Category Expositions of the same kind, or 3 months between Special Category Expositions of different kinds. These frequency intervals are computed from the date of the opening of the exposition More detailed BIE classification and criteria and regulations are contained in the Paris Convention of 1928, as amended in 1948 and 1966. Applicants not having a copy of the text of this convention may obtain one by writing the Director.

For the purposes of this part, except where the context requires otherwise: (a) "Act" means Public Law 91-269. (b) "Secretary" means the Secretary of Commerce.

(c) "Director" means the Director, Domestic Trade Fairs and Expositions Staff, Office of Business Services, Bureau of Domestic Commerce, Department of Commerce, Washington, DC 20230.

(d) "Applicant" means a State, County, municipality, a political subdivision of the foregoing, private nonprofit organizations, or individuals filing an application with the Director seeking Federal recognition of an international exposition to be held in the United States.

(e) "Exposition" means an international exposition to be held in the United States for which an application has been filed with the Director seeking Federal recognition under the Act.

§ 667.3 Application for Federal recog nition.

(a) Applications for Federal recognition of an exposition shall be filed with, and all official communications in connection therewith addressed to, the Director, Domestic Trade Fairs and Expositions Staff, Bureau of Domestic Commerce, Department of Commerce, Washington, DC 20230.

(b) Every application, exhibit, or enclosure, except where specifically waived by the Director, shall be in quadruplicate duly authenticated and referenced.

(c) Every application shall be in letter form and shall contain the date, address, and official designation of the applicant and shall be signed by an authorized officer or individual.

(d) Every application, except where specifically waived by the Director, shall be accompanied by the following exhibits:

1. Exhibit No. 1. A study setting forth in detail the purposes for the exposition, including any historical, geographic, or other significance of the host city, State, or region related to the exposition.

2. Exhibit No. 2. An exposition plan setting forth in detail (i) the theme of the exposition and the "storyline" around which the entire exposition is to be developed: (ii) whatever preliminary architectural and design plans are available on the physical layout of the site plus existing and projected structures; (iii) the type of participation proposed in the exposition (e.g., foreign and domestic exhibits); (iv) cultural, sports,

and special events planned; (v) the proposed BIE category of the event and evidence of its conformity to the regulations of the BIE, a copy of which can be obtained from the Director upon request; and (vi) the proposed steps that will be taken to protect foreign exhibitors under the BIE model rules and regulations.

3. Exhibit No. 3. Documentary evidence of State, regional, and local support (e.g., endorsing letters to the applicant from business and civic leadership of the region, State, and/or municipal resolutions, acts, or appropriations, referendums on bond issues, and others).

4. Exhibit No. 4. An organization chart of the proposed exposition management structure of the applicant, including descriptions of the functions and duties of each official position along with bibliographic material on principal officers, if available. (The principal officials should also be prepared to submit subsequent individual statements under oath of their respective financial holdings and other interests.)

5. Exhibit No. 5. A statement setting forth in detail (i) the availability of services in existence or projected to accommodate visitors to the exposition (e.g., number of hotel and motel units, number and type of restaurants, health facilities, etc.); and (ii) evidence of adequate transportation facilities and accessibility of the host city to large groups of national and international visitors (e.g., number and schedule of airlines, bus lines, railroads, and truck lines serving the host city).

6. Exhibit No. 6. A statement setting forth in detail the applicant's plans for acquiring title to, or the right to occupy and use real property, other than that owned by the applicant or by the United States, essential for implementing the project or projects covered by the application. If the applicant, at the time of filing the application has acquired title to the real property he should submit a certified copy of the deed (s). If the applicant, at the time of filing the application, has by easement, lease, franchise, or otherwise acquired the right to occupy and use real property owned by others, he should submit a certified copy of the appropriate legal instrument(s) evidencing this right.

7. Exhibit No. 7. A statement of the latest prevailing hourly wage rates for construction workers in the host city (e.g., carpenters, cement masons, sheet metal workers, etc.).

8. Exhibit No. 8. Information on attitudes of labor leaders as to "no strike" agreements during the development and operation of the exposition.

9. Exhibit No. 9. A statement setting forth in detail (1) proposed capital investment costs and sources of financing available to meet these costs, including but not limited to funds from State and municipal financing, bond issues, and other public or private sources; (ii) projected expenses for manag

ing the exposition; (iii) projected operational revenues broken down to include admissions, space rental, concessions, service fees and miscellaneous income; and (iv) cost benefit projections.

10. Exhibit No. 10. A description of the exposition implementation time schedule and the management control system to be utilized to implement the time schedule (e.g., PERT, CPM, etc.).

11. Exhibit No. 11. A statement setting forth in detail the public relations, publicity and other promotional plans of the applicant. For example the statement could include: (i) An outline of the public relations/publicity program broken down by percentage allocations among the various media; (ii) public relations/publicity program budget with the various calendar target dates for completion of phases prior to the opening, the opening and post opening of the exposition; and (iii) protocol plans for United States and foreign dignitaries, as well as for special ceremonies and events and how these plans are to be financed.

12. Exhibit No. 12. A study setting forth in detail the economic benefits of the exposition and residual use plans for the area comprising the exposition. For example, the study might include: (i) Extent of immediate economic benefits for the city/region/ nation in proportion to total investment in the exposition; (ii) extent of long-range economic benefits for the city/region/nation in proportion to total investment in the exposition; and (iii) extent of intangible (social, psychological, "good-will") benefits accruing to the city/region/nation including the solution or amelioration of any national/local problems.

§ 667.4 Action on application.

(a) Upon receipt of an application, the Director will investigate the application and accompanying exhibits for compliance with the provisions of § 667.3 and report his findings with respect thereto to the Secretary.

(b) In conducting his investigation the Director may hold a public hearing with the objective of clarifying issues that might have been raised by the application. If desired the Director may require the services of an examiner.

(c) If the Director, in his discretion, decides to hold a public hearing, notice of such hearing shall be published in the FEDERAL REGISTER, and a copy of the notice shall be furnished to local newspapers. The notice should state the subject to be considered and when and where the hearing will be held, specifically designating the date, hour, and place.

(d) The following general procedure shall govern the conduct of public hear