Page:United States Statutes at Large Volume 40 Part 1.djvu/441

 422 SIXTY—FIFTH CONGRESS. Sess. I. C11. 106. 1917. 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 deslosit “°°*°‘¤"“‘°“‘· will satisfy said judgment and decree; and the said payment sh be in full or partial satisfaction of said jud ent and decree, as the facts B°‘*·°°°'°° “°°’“°°· may appear; and if, after ayment of aglifuch judgments and decrees, there shall remain any balance of said deposit, such balance shall be sg, my repaid to the licensee on order of the alien property custodian. If no ' suit is brought within one ear after the end of the war, or no notice is filed as above required, then the licensee shall not be liable to make N do ts am any further deposits, and all funds deposited by him shall be repaid e-yS;,e.PZ°lw. °”` to him on order of the alien property custodian. Upon entry of suit and notice filed as above required, or upon repayment of unds as above provided, the liability of the licensee to make further reports to i I u_ the President shall cease. .,.¤,,m.,°b°;`w°Le. If suit is brought as above provided, the court may, at any time, terminate the license, and mafy, in such event, issue an injunction to mw restrain the licensee from in ringement thereafter, or the court, in case the licensee, prior to suit, shall have made investment of capital based on ession of the license, may continue_the license for such period and upon such terms and with such royalties as it shall Hind to Emmy wm my e just and reasonable. _ _ j me ¤ue¤m¤_uems (g) Any enemy, or ally of enemy, may institute and rosecute suits §‘§,,,,,§“l°"‘ “‘m"“°` in equity against any person other than a licensee rmdier this Act to enjoin infringement 0 letters patent, trade-mark (print, label, and copyrights in the United States owned or controlle by said enemy or ally of enemy, in the same manner and to the extent that he would Hyg mm, to be entitled so to do if the United States was not at war: Provided, ummm. That no final judgment or decree shall be entered in favor of such enemy or ally of enemy by any court except after thirty days’ notice to the alien property custodian. Such notice shall be in writing and shall be served in the same manner as civil process of Federal courts. ¤_P,<;§*;Ug vgtlggfwv (h) All plpwers of attorney heretofore or hereafter granted by an ’ enemy or a y of enemy to any person within the United States, in so far as they may be requisite to the performance of acts authorized in _ subsections (a) and (g) of this section, shall be valid. “;,{,l,Q°,§{,‘§',§j (i) Whenever the publication of an invention by the granting of a ¤¤:,gj¤;)i¤§*;,¤;f¤¤·¤=¤· patent may, in the opinion of the President, be detrimental to the ' public safety or defense, or may assist the enemy or endanger 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 fummgmdom ,, war: Provided, That the invention disclosed in the application for said vt=;¤>¤¤¤¤¤ by i¤v¤¤¤>r. patent may be held abandoned upon it being estabhs ed before or by ° the Commissioner of Patents that, in violation of said order, said invention has been published or that an ap lication for a patent therefor has been filed in any other country, by the inventor or his ‘ assigns or legal representatives, without the consent or approval of the commissioner or under a license of the President. c,,&’§‘§,“,?§f,l§§,}'§c?,§j When an a plicant whose patent is withheld as herein provided dere? to the Govern- and who fajthliilly obeys the order of the President above referred to misiiiiautuemea. shall tender his 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 Gov- 8nSm8m• Wh d h h d npporrin arricles nc. 11. enever uring the present war the President shall rind ggitigdiggeliwm by that the public safety so requires and shall make proclamation thereof E*°°P"°“S· “°- it shall be unlawful to import into the United States from any country named in such proclamation any article or articles mentioned in such proclamation except at such time or times, and under such regulations or orders, and subject to such limitations and exceptions as the