Page images
PDF
EPUB

CHAPTER VI–BUREAU OF DOMESTIC COMMERCE,

DEPARTMENT OF COMMERCE 1

Part 601 615 667

Issuance of licenses under foreign patents owned by the United States.
Determination of bona fide motor-vehicle manufacturer.
Official U.S. Government recognition of and participation in international

expositions held in United States.

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. 8907; 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. 8 601.1 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 Com merce having obtained such foreign patent rights for the United States Government may issue licenses thereunder

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 Seryices 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 & basis.

135 FR. 19350.

8 601.4 Conditions in licenses.

to be determined a bona fide motorThe licenses to be issued will be

vehicle manufacturer. Under headnote 2 granted on the following express condi

to Subpart B, part 6, schedule 6 of the tions: (a) The Government of the United

Tariff Schedules of the United States, States will not guarantee the validity of

whenever the Secretary of Commerce has the patent covered by the license, nor

determined a person to be a bona fide

motor-vehicle manufacturers, such perwill it undertake to defend any suits brought against the licensees or to in

son is eligible to obtain duty-free imdemnify for infringement of the patent;

portation of certain Canadian articles (b) the Government of the United States

and to issue certain orders, contracts, or

letters of intent under or pursuant to will reserve the right at any time to grant additional licenses; and (c) the Govern

which other persons, not themselves ment will reserve the right to revoke the

bona fide motor-vehicle manufacturers, license at any time. It will also be pro

may obtain duty-free treatment for such vided in the license that it be non

Canadian articles. The responsibilities of transferable.

the Secretary of Commerce relating to the

development, maintenance and publica§ 601.5 Revocation.

tion of a list of bona fide motor-vehicle Although licenses issued under the manufacturers and the authority to proregulations in this part are revocable at

mulgate rules and regulations pertaining will, licenses will not ordinarily be re

thereto, have been delegated to the voked. The occurrence of the following

Deputy Assistant Secretary and Director, may, however, result in the revocation

Bureau of Domestic Commerce, Departof the license: (a) Failure to abide by

ment of Commerce, with power of redelethe terms and conditions of the license; gation, by Department of Commerce (b) failure to use the process or device Organization Order 40—1A of Februcovered by the patent; (c) the bank ary 11, 1971. ruptcy or insolvency of the licensee.

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

36 F.R. 8032, Apr. 29, 1971) PART 615-DETERMINATION OF 8 615.2 Definitions.

BONA FIDE MOTOR-VEHICLE MAN For the purposes of the regulations in UFACTURER

this part and the forms issued to impleSec.

ment it: 615.1 Scope and purpose.

(a) “Act" means the Automotive Prod615.2 Definitions.

ucts Trade Act of 1965 (79 Stat. 1016, 615.3 Application.

19 U.S.C. secs. 2001-2033). 615.4 Determination by the Director,

(b) "Director" means the Deputy As615.5 Maintenance and publication of a list sistant Secretary and Director, Bureau of bona fide motor-vehicle manu

of Domestic Commerce, of the Departfacturers.

ment of Commerce, or such official as UTHORITY: The provisions of this part 615 may be designated by him to act in his Issued under (schedule 6 of the Tariff Sched

behalf. ules of the United States) 19 U.S.C. 1202;

(c) “Motor vehicle" means a motor bec. 501(2), 79 Stat. 1025, 19 U.S.C. 2031; Commerce Dept. Org. Order 40-1A, Feb. 11,

vehicle of a kind described in item 692.05 1971, 36 F.R. 4553.

or 692.10 of subpart B, part 6, schedule 6,

of the Tariff Schedules of the United SOURCE: The provisions of this part 615 appear at 36 F.R. 7127, Apr. 15, 1971, unless

States (excluding an electric trolley bus otherwise noted.

and a three-wheeled vehicle) or an auto

mobile truck tractor. $ 615.1 Scope and purpose.

(d) “Bona fide motor-vehicle manuThe purpose of this part is to set forth facturer" means a person who, upon apregulations implementing headnote 2 to

plication to the Director under this part, subpart B, part 6, schedule 6 of the Tariff

is determined by the Director to have Schedules of the United States as pro

produced no fewer than 15 complete claimed by Proclamation No. 3682 of

motor vehicles in the United States durOctober 21, 1965 (3 CFR 140 (1964-65

ing the 12-month period preceding the

date certified in the application, and to Comp.)), issued pursuant to the Auto

have had as of such date installed capacmotive Products Trade Act of 1965 (19ity in the United States to produce 10 U.S.C. sec. 2031), by establishing a pro- or more complete motor vehicles per 40cedure under which a person may apply hour week. A person shall only be re

Sec.

garded as having had the capacity to $ 615.5 Maintenance and publication of produce a complete motor vehicle if his

a list of bona fide motor-vehicle operations included the assembly of two manufacturers. or more major components (e.g., the

The Director shall maintain, and pubattachment of a body to a chassis) to

lish from time to time in the FEDERAL create a new motor vehicle ready for

REGISTER, a list of the names and aduse.

dresses of bona fide motor-vehicle manu(e) "Person" includes any individual, facturers, and the effective dates for each corporation, partnership, association, determination. company, or any other kind of organization.

PART 667_OFFICIAL U.S. GOVERN(f) “United States” includes only the

MENT RECOGNITION OF AND PARStates, the District of Columbia, and

TICIPATION IN INTERNATIONAL Puerto Rico.

EXPOSITIONS HELD IN UNITED $ 615.3 Application.

STATES Any person in the United States desiring to be determined a bona fide motor

667.1 Background and purpose. vehicle manufacturer shall apply to the 667.2 Definitions. Director by filing two copies of Form 667.3 Application for Federal recognition. BDCF-725 in accordance with the in

667.4 Action on application. structions set forth on the form and in

667.5 Report of the Secretary on Federal

recognition. this part. Application forms may be ob

667.6 Statement for Federal participation. tained from the Director, field offices of 667.7 Proposed plan for Federal participathe U.S. Department of Commerce, or

tion. from U.S. Collectors of Customs, and

667.8 Report of the Secretary on Federal should be mailed or delivered to the:

participation.

AUTHORITY: The provisions of this Part 667 Bureau of Domestic Commerce (Mall Code

are issued pursuant to 22 U.S.C. 2801 (84 - 631), U.S. Department of Commerce, Wash

Stat. 271); Department of Commerce Orington, D.C. 20230.

ganization Order 40_1A. § 615.4 Determination by the Director. SOURCE: The provisions of this Part 667

appear at 36 F.R. 5035, Mar. 17, 1971, unless (a) As soon as practicable after receipt

otherwise noted. of the application, the Director shall determine whether an applicant has pro

§ 667.1 Background and purpose. duced no fewer than 15 complete motor

The regulations in this part are issued vehicles in the United States during the

under the authority of Public Law 91-269 12-month period preceding the date cer

(84 Stat, 271), which establishes an ortified in the application and as of such

derly procedure for Federal Government

recognition of, and participation in, indate, had installed capacity in the United

ternational expositions to be held in the States to produce 10 or more complete

United States. The Act provides, inter motor vehicles per 40-hour week. The

alia, that Federal recognition of an expoDirector may request such additional sition is to be granted upon a finding by data from an applicant as he may deem the President that such recognition will appropriate to establish whether the ap be in the national interest. In making plicant has satisfied the requirements of this finding, the President is directed to this part.

consider, among other factors, a report (b) A determination by the Director from the Secretary of Commerce as to under this part shall be effective for a

the purposes and reasons for an exposi12-month period to begin on the date as

tion and the extent of financial and other of which the Director determines that the

support to be provided by the State and applicant qualified under this part.

local officials and business and commu

nity leaders where the exposition is to Within 60 days prior to the termination

be held, and a report by the Secretary of of such period, a bona fide motor-vehicle

State to determine whether the exposimanufacturer may apply for another

tion is qualified for registration under determination under this part.

Bureau of International Exposition (c) The Director will promptly notify

(BIE) rules. The BIE is an international each applicant in writing of the final organization established by the Paris action taken on his application.

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. 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.

$ 667.2 Definitions.

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 (1) 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,

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.

« PreviousContinue »