Page images
PDF
EPUB
[ocr errors]

copyrights; and any such citizen or corporation may file and prosecute an application for letters patent or for registration of trade-mark, print, label, or copy. right in the country of an enemy, or of an ally of enemy after first submitting such application to the President and receiving license so to file and prosecute, and to pay the fees required by law and customary agents' fees, the maximum amount of which in ch case shall be subject to the control of the President. Sec. 10 (b), act of Oct. 6, 1917 (10 Stat. 420).

2902. Manufacture of foreign inventions in the United States.- (C) Any citizen of the United States or any corporation organized within the United States desiring to manufacture, or cause to be manufactured, a machine, manufacture, composition of matter, or design, or to carry on, or to use ang trade-mark, print, label or cause to be carried on, a process under any patent or copyrighted matter owned or controlled by an enemy or ally of enemy at any time during the existence of a state of war may apply to the President for a license; and the President is hereby authorized to grant such a license, nonexclusive or exclusive as he shall deem best, provided he shall be of the opinion that such grant is for the public welfare, and that the applicant is able and intends in good faith to manufacture, or cause to be manufac tured, the machine, manufacture, composition of matter, or design, or to carry on, or cause to be carried on, the process or to use the trade-mark, print, label, or copyrighted matter. The President may prescribe the conditions of this license, including the fixing of prices of articles and products necessary to the health of the military and naval forces of the United States or the successful prosecution of the war, and the rules and regulations under which such license may be granted and the fee which shall be charged therefor, not exceeding $100, and not exceeding one per centum of the fund deposited as hereinafter provided. Such license shall be a complete defense to any suit at law or in equity insti. tuted by the enemy or ally of enemy owners of the letters patent, trade-mark, print, label or copyright, or otherwise, against the licensee for infringement or for damages, royalty, or other money award on account of anything done by the licensee under such license, except as provided in subsection (f) hereof.

(d) The licensee shall file with the President a full statement of the extent of the use and enjoyment of the license, and of the prices received in such form and at such stated periods (at least annually) as the President may prescribe; and the licensee shall pay at such times as may be required to the alien property custodian not to exceed five per centum of the gross sums received by the licensee from the sale of said inventions or use of the trade-mark, print, label or copyrighted matter, or, if the President shall so order, five per centum of the value of the use of such inventions, trade-marks, prints, labels or copy• righted matter to the licensee as established by the President; and suins so paid shall be deposited by said alien property custodian forthwith in the Treasury of the United States as a trust fund for the said licensee and for the owner of the said patent, trade-mark, print, label or copyright registration as hereinafter provided, to be paid from the Treasury upon order of the court, as provided in subdivision (f) of this section, or upon the direction of the alien property custodian,

(e) Unless surrendered or terminated as provided in this Act, any license granted hereunder shall continue during the term fixed in the license or in the absence of any such limitation during the term of the patent, trade-mark, print

, label, or copyright registration under which it is granted.

Upon violation by the licensee of any of the provisions of this Act, or of the conditions of the

license, the President may, after due notice and hearing, cancel any license granted by him.

Sec. 10, act of Oct. 6, 1917 (40 Stat. 420-421). 2903. Recovery of royalties, etc., under foreign-owned letters patent.--The owner of any patent, trade-mark, print, label, or copyright under which a license is granted hereunder may, after the end of the war and until the exi tion of one year thereafter, file a bill in equity against the licensee in the district court of the United States for the district in which the said licensee resides, or, if a corporation, in which it has its principal place of business (to which suit the Treasurer of the United States shall be made a party), for recovery from the said licensee for all use and enjoyment of the said patented invention, trademark, print, label, or copyrighted matter: Provided, howerer, That whenever suit is brought, as above, notice shall be filed with the alien property custodian within thirty days after date of entry of suit: Provided, furtlier, That the licensee may make any and all defenses which would be available were no license granted. The court on due proceedings had may adjudge and decree to the said owner payment of a reasonable royalty. The amount of said judgment and decree, when final, shall be paid on order of the court to the owner of the patent from the fund deposited by the licensee, so far as such deposit will satisfy said judgment and decree; and the said payment shall be in full or partial satisfaction of said judgment and decree, as the facts may appear; and if, after payment of all such judgments and decrees, there shall remain any balance of said deposit, such balance shall be repaid to the licensee on order of the alien property custodian. If no suit is brought within one year after the end of the war, or no notice is filed as above required, then the licensee shall not be liable to make any further deposits, and all funds deposited by him shall be repaid to him on order of the alien property custodian. Upon entry of suit and notice filed as above required, or upon repayment of funds as above provided, the liability of the licensee to make further reports to the President shall cease.

If suit is brought as above provided, the court may, at any time, terminate the license, and may, in such event, issue an injunction to restrain the licensee from infringement thereafter, or the court, in case the licensee, prior to suit, shall have made investment of capital based on possession of the license, may continue the license for such period and upon such terms and with such royalties as it shall find to be just and reasonable. Sec. 10 (1), act of Oct. 6, 1917 (40 Stat. 421).

That no claim shall be made or action brought in respect of the use since August 1, 1914, up to the passage of this Act, by the Government of the United States, or by any persons acting on behalf of, or under contract with, or with the assent of the Government of the United States or of Governments or tbeir representatives associated with the United States, under any patent rights owned in whole or in part since August 1, 1914, by an alien enemy, nor in respect of the use of any process during such period, or the sale, offering for sale, or use, at any time, of any products, articles, or apparatus whatsoever manufactured during such period to which such patent rights applied. Scc. 7, act of Mar. 3, 1921 (41 Stat. 1314-1315).

That nothing in this Act shall affect any Act done by virtue of the special measures taken during the war under legislative, executive, or administrative authority of the United States in regard to the rights of an enemy, or ally of an enemy, as defined by the Trading with the Enemy Act of October 6, 1917, in patents for inventions and designs. Sec, 8, act of Mar. 3, 1921 (41 Stat. 1315.)

2934. Inventions kept secret in time of war.-Whenever the publication of an invention by the granting of a patent may, in the opinion of the President, be detrimental to the public safety or defense, or may assist the enemy or edanger the successful prosecution of the war, he may order that the invention be kept secret and withhold the grant of a patent until the end of the war: ??roriiled, That the invention disclosed in the application for said patent may be held abandoned upon it being established before or by the Cominissioner of Patents that, in violation of said order, said invention has been published or that an application for a patent therefor has been filed in any other country, ty the inventor or his assigns or legal representatives, without the consent or app proval of the commissioner or under a license of the President.

When an applicant whose patent is withheld as herein provided and who faithfully obeys the order of the President above referred to shall tender bis invention to the Government of the United States for its use, he shall, if he ultimately receives a patent, have the right to sue for compensation in the Court of Claims, such right to compensation to begin from the date of the use of the invention by the Government. Sec. 10 (i), act of Oct. 6, 1917 (40 Stat. 422).

See 1016, 1018, ante,

[ocr errors][merged small][merged small]

CHAPTER 47.

FOREIGN RELATIONS.

Foreign Government defned, 2905.
Paesports :

Issue, 2906.
False statements, 2907.
Fraudulent use, 2908.

Forging, altering, etc., 2909.
Disturbance of foreign relations :
False swearing to injury of United

States, 2910.
Conspiracy to injure property of foreign

Government, 2011.
Extradition, 2912.
Neutrality protected :
Recruiting for foreign armies-

Commissions for Americans, 2913.
Enlistment by Americans, 2914,

Aliens exempt, 2915.
Military or naval enterprises-

Against friendly Government, 2916.
Furnishing armed vessels, 2917.

During war, 2918.
Augmenting armaments, 2919.

Armed vessels detained, 2920.
Prevented by military force, 2921.
Aliens, 2922.

Neutrality protected-Continued.

Departure of foreign vessels, 2923.
Exports restricted

Proclamation by the President, 2924.
Seizure of arms, etc., 2925.

By arnje force, 2926.
Clearance refused to vessels, 2927.
Imports restricted, 2928.
Foreign vessels detained
Undue commercial advantage given,

2929.
American citizens denied commercial

facilities, 2930.
Vessels departing without clearance,

2931.
Armed forces employed, 2932.
Vessels in time of war:

Control in territorial waters, 2933.
Seizure-

Failure to observe regulations, 2934.

Injury to vessels, conspiracy, etc., 2935. Armed forces employed, 2936.

2905. Foreign government defined.---The words “foreign government,"as used in this Act and in sections one hundred and fifty-six, one hundred and fiftyseven, one hundred and sixty-one, one hundred and seventy, one hundrell and seventy-one, one hundred and seventy-two, one hundred and seventy-three, and two hundred and twenty of the Act of larch fourth, nineteen hundred and nine, entitled "An Act to codify, revise, and an end the penal laws of the United States," shall be deemed to include any Government, faction, or body of insurgents within a country with which the United States is at peace, which Government, faction, or boily of insurgents may or may not have been recognized by the United States as a Government. Sec. 4, title VIII, act of June 15, 1917 (40 Stat. 226).

2906. Issue of passports.—Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application duly verified by his path before a person authorizeit and empowered to administer oaths, which said application shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. Clerks of United States courts, agents of the Department of State, or other Federal officials authorized, or who may be authorized, to take passport applications and administer oatlıs thereon, shall collect, for all services in comection therewith, a fee of $1, and no more, in lieu of all fees prescribed by any statute of the United States, whether the application is exceuted singly, in duplicate, or in triplicate. Sec. 1, title IX, act of June 15, 1917 (40 Stat. 227).

2907. Passport obtained through false statements.- Whoever shall willfully and knowingly make any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws, or whoever shall willfully and knowingly use or attempt to use, or furnish to another for use, any passport the issue of which was secured in any way by reason of any false statement, shall be fined not more than $2,000 or ixprisoned not more than five years or both. Sec. 2 title IX, act of June 15, 1917 (40 Stat, 227).

2908. Fraudulent use of passports.—Whoever shall willfully and knowingly use, or attempt to use, any passport issued or designed for the use of another than himself, or whoever shall willfully and knowingly use or attempt to use any passport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant to the laws regulating the issuance of passports, which said rules shall be printed on the passport; or whoever shall willfully and knowingly furnish, dispose of, or deliver a passport to any person, for use by another than the person for whose use it was originally issued and designed, shall be fined not more than $2,000 or imprisoned not more than five years, or both. Sec. 3, title IX, act of June 15, 1917 (40 Stat. 227).

2909. Forging or altering passports, etc.--Whoever shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be falsely made, forged, counterfeited, mutilated, or altered any passport or instrument purporting to be a passport, with intent to use the same, or with intent that the same way be used by another; or whoever shall willfully or knowingly use, or attempt to use, or furnish to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same, shall be fined not more than $2,000 or imprisoned not more than five years or both. Sec. 4, title II, act of June 15, 1917 (40 Stat. 227).

2910. False swearing to influence a foreign government to the injury of the United States.-Whoever, in relation to any dispute or controversy between a foreign government and the United States, shall willfully and knowingly make any untrue statement, either orally or in writing, under oath before any person authorized and empowered to administer oaths, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or intent to influence any measure of or action by the Government of the United States, or any branch thereof, to the injury of the United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both. Sec. 1, title VIII, act of June 15, 1917 (40 Stat. 226).

2911. Conspiracy to injure the property of a foreign government.--If two or more persons within the jurisdiction of the United States conspire to injure or destroy specific property situated within a foreign country and belonging to a foreign Government or to any political subdivision thereof with which the

[ocr errors][ocr errors][merged small][ocr errors][merged small][merged small]
« PreviousContinue »