Page:United States Statutes at Large Volume 60 Part 2.djvu/482

 1571 60 STAT.] UNITED KINGDOM-PATENT RIGHTS, ETC.-MAR. 27, 1946 United States of America in the manner and within the time pre- scribed by law, or, if the judgment should be satisfied by payment by the Government of the United States of America, the latter shall be reimbursed by the Government of the United Kingdom in the same amount and the same kind of currency as the Government of the United States of America paid to the United Kingdom national in satisfying such judgment. ARTICLE VIII (a) Subject to the provisions of the Act of the Congress of the Indemn'fioat"on United States approved March 11, 1941 (Public 11, 77th Congress), as byntiontaUns ited amended, and the provisions of Article IX of this Agreement, the 5astat.31 . Government of the United States of America agrees and undertakes to v, 411-419. indemnify and save harmless the Government of the United Kingdom against all claims asserted by nationals of the United States of America under any United Kingdom patents or registered designs (including claims for compensation for the use of inventions which are the subject matter of applications for patents or registered designs, and publica- tion of which has been prohibited under the United Kingdom Defence Regulations, provided that the patents shall have issued or the regis- trations shall have been effected) for the use of any method or process and for the manufacture, use, or disposition of any article, which method, process, or article was used, manufactured, or disposed of by or for the Government of the United Kingdom (1) for the purposes and to the extent set forth in Article II of this Agreement; or (2) in connection with the supply of articles to the Government of the United States of America under Reciprocal Aid or equivalent procedure, including the manufacture, use, and disposal of articles so supplied; or (3) pursuant to a request made or authority given, for the purposes of the war, by the Government of the United States of America to the Government of the United Kingdom; provided always that the Government of the United Kingdom will, whenever in its judgment practicable, avail itself of any indemnity from a third party of which it shall have the benefit, in lieu of the indemnity from the Government of the United States of America contained in this Agreement. For the purposes of this paragraph (a) claims asserted by nationals of the United States of America under any United States patents against United Kingdom Govern- ment contractors or subcontractors shall be construed to be claims subject to indemnification by the Government of the United States of America in cases where the Government of the United Kingdom has agreed and undertaken to indemnify and save harmless such con- tractors or subcontractors against any liability resulting from the use of any patented invention. (b) The indemnity set forth in paragraph (a) of this Article shall apply whether or not requisitions have been or will be at any time filed by the Government of the United Kingdom under regular

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