Page:United States Statutes at Large Volume 45 Part 1.djvu/314

 SEVENTIETH CONGRESS. SESS. I. CH. 167. 1928 . may prescribe, but only out of the special deposit account (Austrian or Hungarian, as the case may be), created by section 7, and within the limitations hereinafter prescribed. (d) There shall be deducted from the amount of each payment, as reimbursement for expenses incurred by the United States in respect thereof, an amount equal to one-half of 1 per centum thereof. The amount so deducted shall be deposited in the Treasury as miscellaneous receipts. (e) The amounts awarded to the United States in respect of claims of the United States on its own behalf shall be payable under this section. (f) No pa yment shall be ma de und er thi s sec tion ( other than payments to the United States in respect of claims of the United States on its own behalf) unless application therefor is made within two years after the date of the enactment of this Act in accordance with such regulations as the Secretary of the Treasury may prescribe. Payment shall be made only to the person on behalf of whom the award was made except in the cases specified in paragraphs (1) to (4) of subsection (g) of section 2. (g) Any p erson who ma kes a pplica tion f or pa yment under this section shall be held to have consented to all the provisions of this Act. CLAIMS OF AU STR IAN AND HUNGARIAN NATIONALS A GAI NST THE UNITED STATES SEC. 6. (a) It shall be the duty of the Arbiter, within the limita- tions hereinafter prescribed, to hear the claims of any Austrian or Hungarian national (as hereinafter defined) and to determine the compensation to be paid by the United States, in respect of- (1) Any patent (or any right therein or claim thereto, and includ- ing an application therefor and any patent issued pursuant to any such application) which was licensed, assigned, or sold by the Alien Property Custodian to the United States. Such compensation shall be the amount, as nearly as may be determined, which would have been paid if such patent, right, claim, or application had been licensed, assigned, or sold to the United States by a citizen of the United States, except that there shall be deducted from such amount any consideration paid therefor by the United States (other than consideration which is returned to the United States under section 27 of the Trading with the Enemy Act, as amended . (2) The use by or for the United States of any invention described in and covered by any patent (including an application therefor and any patent issued pursuant to any such application) which was con- veyed, transferred, or assigned to, or seized by, the Alien Property Custodian, but not including any use during any period between December 7, 1917, and November 3, 1918, both dates inclusive, or on or after the date on which such patent was licensed, assigned, or sold by the Alien Property Custodian. In determining such compensa- tion, any defense, general or special, available to a defendant in an action for infringement or in any suit in equity for relief against an alleged infringement, shall be available to the United States . (b) The proceedings of the Arbiter under this s ection shall b e conducted in accordance with such rules of procedure as he may prescribe . The Arbiter, or any referee designated by him, is author- ized to administer oaths, to hold hearings at such places within or without the United States as the Arbiter deems necessary, and to contract for the reporting of such hearings. Any witness appearing for the United States before the Arbiter or any such referee at any place within or without the United States may be paid the Post, p. 205 . Expenses to be de- ducted, etc . Deposit in Treasury. 263 Awards to United States included. Time limit required for making applica- tions, etc. Payments restricted. Ante, p.255. Conse nt to pro vi- sions by applicants as- sumed. Austrian and Hunga- ri an c laims ag ain st United States. Compensation for designated claims to be determined by Arbiter. Patents, etc., sold to United States by Cus- tod ian. De term inat ion of compensation. Prior payments de- ducted. Exception. Post p. 274. Use by United States of patented inventions, etc., conveyed by Cus- tod ian. Period excluded. Defenses available. Authority of Arbiter. Hearings, etc. Wit ness fe es, ete ., pay able fr om spec ial deposit accounts.

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