Page:United States Statutes at Large Volume 40 Part 1.djvu/440

 SIXTY—FIFTH CONGRESS. Sess. I. Ch. 106. 1917. 42]. matter owned or controlled by an enemy or ally of enemy at any time dur` the existence of a state of war may ap ly to the President for Lsillicense; and the President is hereby authorized to grant m§€€,§§,_°‘ u°°“”° P"` such a license, nonexclusive or exclusive as he shall deem best, rovided he shall be of the o inion that such grant is for the ulblic welfare, and that the applicant is able and intends in goodp faith to manufacture, or cause to be manufactured, the machine, manufact1u·e, composition of matter, or design, or to can; on, or cause to be carried on, the process or to use the trade—mar, plrint, label or __ cop ighted matter. The President may prescribe the conditions °°“d“‘°‘“*°‘°‘ 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 ma be granted and- the fee F°°¤·°*°· which shall be charged therefor, not exceeding $100, and not exceeding one per centum of the fund deposited as hereinafter lprovided. _ Such license shall be a complete defense to any suit at aw or in ¤,,,,I"§1 °°°“ °' "‘ equity instituted by the enemy or ally of enemy owners of the letters patent, trade-mark, print, la el or copyright, or otherwise, against the licensee for inf ement or for damages, royalty, or other money award on account-uiif anything done by the licensee under suc [Wmlicense, except as provided in subsection (f) hereof. Tun mtmm mm (d) The licensee shall file with the President a full statement of raemseorusaew. the extent of the use and enjoyment of the license, and of the prices d§,f‘{Tg?§,§Qf,$§j°` received in such form and at such stated eriods (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 pgr centuml qmlthe va.lue_o§t;l11e use of sigh inventions, traigeimealrb , r1nts, a s or co matter to e 'censee as esta is Mm t - iihe President; andllsrrirgns so paid shall be deposited by said alieii ¤**¤=* {*1;; wmmm property custodian forthwith in the Treasury of the United States as a trust grind fol: the saiii lliqensee and fplr the owner of the said patent, tra e—mar, rint, a e or co t r tration as herein— after provided, to belpaid from the Trdigilirgiy upoaigflirder of the court, iii/l:i°°tm°m"md` as provided in subdivision (f) of this section, or upon the direction of the alien propert custodian. Dum, Hi (e) Unless surrendlered or terminated as provided in this Act, any °° ° °°m°S' license granted hereunder shall continue during the term Exed 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 Caml d { , it is granted. Upon violation by the censee o any of the rovisions um. ° °' "°l°` of this Act, or of the conditions of the license, the Presidlent may, after due notice and hearing, cancel any license granted by him. 0 · (f) The owner of any patent, trade-mark, print, label, or co yright suizliiieinemiif under which a license rs granted hereunder ma, after the end) of the "°’°l"°°·°°°· war and until the expiration of one year thereaflter, file a bill in equity ° against the licensee rn 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 lace of business (to which suit the Treasurer of the Unite States siilall be made a party), for recovery from the said licensee for all use and enjoyment of the said patented invention, trade-mark, print, label, or copyrighted matter: Provided, however, §’j'§,,{°';° ,,,,,m,,_,, That whenever suit is brought, as above, notice shall be filed with i¤¤¤v¤¤¤¤· the alien profperty custodian within thirty days after date of entry of hmdm ,.,,,,_ su1t:Promde Blurther, That the licensee may make an and all defenses. ’ which would e available were no license granted. The court on due proceedings had may adjudge and decree to the said owner a ment of a reasonable royalty. The amount of said ju@ent and drecree.