1 Except as herein provided, the money or other prop2 erty conveyed, transferred, assigned, delivered, or paid to 3 the alien property custodian shall not be liable to lien, at4 tachment, garnishment, trustee process, or execution, or 5 subject to any order or decree of any court.

6

8

This section shall not apply, however, to money paid

to the alien property custodian under section ten hereof.

That if any property belonging to a loyal citizen of the

9 United States who, by virtue of his residence in a foreign 10 country, comes within the definition of the word " enemy' 11 as used in this Act, is delivered to the alien property custodian 12 or deposited in the Treasury of the United States under the 13 provisions of this Act, and the owner thereof afterwards removes to a neutral country or returns to the United States;

14

15

or if it is ascertained that such owner was not in fact, by 16 virtue of his residence when this Act takes effect, properly 17 included within the definition of the word "enemy 18 herein; or if by inheritance from or by will duly executed by

as used

19 one who comes within the definition of the word "enemy" 20 as used herein, a citizen of the United States residing therein. 21 becomes entitled to all or any part of or interest in any property 22 which has been so delivered to the alien property custodian 23 or to the Treasurer of the United States, the Secretary of 24 Commerce may, upon application, by or on behalf of such 25 person and proper showing of the facts, authorize and direct

1 the return to him, in such manner as the Secretary shall 2 determine, of any such property or any part or interest therein 3 to which he may be so entitled. If the Secretary of Com

4

merce does not grant such application within three months 5 after the same is made, the person so entitled may institute a 6 suit in equity in the district court of the United States for the 7 district in which such person resides or in the Court of Claims 8 for the purpose of establishing his right and procuring a 9 decree thereon, and such court may thereupon, on proper 10 showing, direct that the property in the custody of the alien 11 property custodian or in the Treasury of the United States, to 12 which the claimant may show himself to be thus entitled, 13 be delivered to him, and such case may be heard and deter14 mined and the property returned before the end of the war. 15 The alien property custodian or the Treasurer of the 16 United States, as the case may be, shall be made party de17 fendant to such suit.

18

SEC. 10. That nothing contained in this Act shall be 19 held to make unlawful any of the following Acts:

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1

(a) An enemy, or ally of enemy, may file and prose21 cute in the United States an application for letters patent, or 22 for registration of trade-mark, print, label, or copyright, 23 and may pay any fees therefor in. accordance with and as 24 required by the provisions of existing law. Any such enemy, or ally of enemy, who is unable during war, or within six

25

1 months thereafter, on account of conditions arising out of 2 war, to file any such application, or to pay any official fee, 3 or to take any action required by law within the prescribed 4 period, may be granted an extension of nine months beyond 5 the expiration of said period, provided the nation of which 6 the said applicant is a citizen, subject, or corporation shall 7 extend substantially similar privileges to citizens and cor8 porations of the United States.

9 (b) Any citizen of the United States, or any corpora10 tion organized within the United States, may pay to an 11 enemy or ally of enemy any tax, annuity, or fee which may 12 be required by the laws of such enemy or ally of enemy 13 nation in relation to patents and trade-marks, prints, labels, 14 and copyrights; and any such citizen or corporation may 15 file and prosecute an application for letters patent or for 16 registration of trade-mark, print, label, or copyright in 17 the country of an enemy, or of an ally of enemy after 18 first submitting such application to the Secretary of Commerce and receiving license so to file and prosecute.

19

20 (c) Any citizen of the United States or any corpora21 tion organized within the United States who desires to manu22 facture, or cause to be manufactured, a machine, manu23 facture, composition of matter, or design, or to carry on, or 24 caused to be carried on, a process under any patent or 25 copyrighted matter owned or controlled by an enemy or

1 ally of enemy at any time during the existence of a state

2 of war may apply to the Federal Trade Commission for

3

a license; and said commission is hereby authorized to 4 grant such a license, nonexclusive or exclusive as it shall 5 deem best, provided it shall be of the opinion that such grant 6 is for the public welfare, and that the applicant is able and 7 intends in good faith to manufacture, or cause to be manufac8 tured, the machine, manufacture, composition of matter, or 9 design, or to carry on, or cause to be carried on, the process 10 or to use the copyrighted matter. The Federal Trade Com11 mission may prescribe the conditions of this license and 12 the rules and regulations under which it may be granted 13 and the fee which shall be charged therefor, not exceeding 14 $100, and not exceeding one per centum of the fund depos15 ited as hereinafter provided.

16

(16) The licensee shall file with the Federal Trade 17 Commission a full statement of the extent of the use and 18 enjoyment of the license, in such form and at such stated 19 periods (at least annually) as the commission may pre20 scribe; and the licensee shall pay at such times as may be 21 required to the alien property custodian (or to such other 22 officer as the President shall direct) not to exceed five per 23 centum of the gross sums received by the licensee from the 24 sale of said inventions or use of the copyrighted matter, or, if such commission shall so order, five per centum of the

25

1 value of the use of such inventions or copyrighted matter 2 to the licensee as established by the Federal Trade Com3 mission; and sums so paid shall be deposited by said alien 4 property custodian (or by such other officer as the President 5 shall direct) forthwith in the Treasury of the United States 6 as a trust fund for the said licensee and for the owner of 7 the said patent or copyright registration as hereinafter 8 provided, to be paid from the Treasury upon order of the 9 court, as provided in subdivision (f) of this section, or upon 10 the direction of the alien property custodian, or such other 11 officer as the President shall direct.

12

(e) Unless surrendered or terminated as provided in 13 this Act, any license granted hereunder shall continue dur14 ing the term fixed in the license or in the absence of any 15 such limitation during the term of the patent or copyright 16 registration under which it is granted. Upon violation by 17 the licensee of any of the provisions of this Act, or of the 18 conditions of the license, the Federal Trade Commission 19 may, after due notice and hearing, cancel any license granted 20. by it.

21

22236

(f) The owner of any patent or copyright under which

a license is granted hereunder may, after the end of the war 23 and until the expiration of the year thereafter file a bill in 24 equity against the licensee in the district court of the United 25 States for the district in which the said licensee resides, or,