Page:United States Statutes at Large Volume 76.djvu/1187

 76 STAT.]

PUBLIC LAW 87-861-OCT. 23, 1962

1139

Public Law 87-861 AN ACT To anieiid the Trading With the Enemy Act, as amended.

October 23, 1962 [H. R. 9045]

Be it eruicted by the Senate and House of Representatives of the United States of America in CongreHH assembled, That the last sen- Trading ivith the tence of subsection (a) of section 39 of the Trading With the Enemy Enemy Act, amendAct, as amended (62 Stat. 1246; 50 U.S.C. App., sec. 39), is amended ™^" " to read as follows: "Nothing in this section shall be construed to repeal or otherwise aft'ect the operation of section 32, 40, 41. 42, or 43 SO u s e app. 32; Ante, p. 11 15; of this Act or of the PJiilippine Property Act of 1946.-' Infra. SEC. 2. The Trading With the Enemy Act, as amended, is further 60 Stat. 418. 22 USC 1381 amended by adding at the end thereof the following sections: note. "SEC. 42. (a) As used in this section, the word 'trademarks* includes " Trade m a r k s. " trademarks, trade names, and the goodwill of the business to which a trademark or trade name is appurtenant. "(b) Trademarks vested in the Alien Property Custodian or the Attorney General under the provisions of this Act subsequent to December 17, 1941, which have not been returned or otherwise disposed of under this Act, except trademarks vested by vesting orders 284, as amended (7 Fed. Reg. 9754, 9 Fed. Keg. 1038), 2354 (8 Fed. Reg. 14635), 5692 (11 Fed. Reg. 1675), and 18805 (17 P^ed. Reg. 4364), are hereby divested as a matter of grace, effective the ninety-first day after the date of enactment of this section, and the persors entitled to such trademarks shall on that day succeed to the rights, privileges, and obligations arising therefrom, subject, however, to Ihe rights of licensees under licenses issued by the Alien Property Custodian or the Attorney General in respect to such tiademaiks. The rights and interests remaining in the Attorney General under licen.sis issued by him or by the Alien Property Custodian in respect to trademarks divested hereunder are hereby transferred, effective the day of divestment, to the persons entitled to such trademarks: Provided, That all unpaid royalties or other income accrued in favor of ihe Attorney General under such licenses prior to the day of divestment shall be paid by the licensees to the Attorney General. "(c) All rights or interests vested in the Alien Properly Custodian or the Attorney General mider the provisions of this Act subsequent to December 17, 1941, arising out of preve.sting contracts entered into with respect to trademarks, except— "(1) royalties or other income received by or accrued in favor of the Alien Property Custodian or the Attorney General under such contracts; " (2) rights or interests which have been returned or otherwise disposed of under this Act; and "(3) rights or interests vested by vesting orders 284, as amended (7 Fed. Reg. 9754; 9 Fed. Reg. 1038), 2354 (8 Fed. Reg. 14635), 6592 (11 Fed. Reg. 1675), and 18805 (17 Fed. Reg. 4364), are hereby divested as a matter of grace, effective the ninety-first day after the date of enactment of this section, and the persons entitled to such rights or interests shall succeed thereto, subject to the right of the Attorney General to collect and receive all unpaid royalties or other income accrued in his favor under such prevesting contracts prior to the day of divestment. " (d) The Attorney General shall within forty-five days after the P u b l i c a t i o n date of enactment of this section publish in the Federal Register a list in F. R. of trademarks which at the date of vesting in the Alien Property Custodian or Attorney General were owned by persons who were resident in or had their sole or primary seat in the area of Germany

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