in or transferred to the Attorney General pursuant to the Trading With the Enemy Act, as amended.

(E. O. 9788, 11 F. R. 11981; 3 CFR, 1946 Supp.) [20 F. R. 4395, June 23, 1955]

§ 505.50 Prohibition of transactions by personnel of the Office of Alien Property.

(a) No person connected directly or indirectly with the Office of Alien Property shall effect or cause to be effected for personal benefit or profit any sale or purchase of, or other transaction in, or otherwise deal or participate in any property or interest therein concerning which the Alien Property Custodian, the Philippine Alien Property Administrator, or the Attorney General has acted, or may hereafter act under the provisions of the Trading With the Enemy Act of October 6, 1917, as amended, or Title II of the International Claims Settlement Act of 1949 or pursuant to the powers delegated to the Attorney General by the President under Executive Order 9788 of October 14, 1946 (3 CFR, 1946 Supp.), Executive Order 9989 of August 20, 1948 (3 CFR, 1948 Supp.), Executive Order 10254 of June 15, 1951 (3 CFR, 1951 Supp.) and Executive Order 10644 of November 7, 1955 (3 CFR, 1955 Supp.).

(b) This section shall apply to all transactions of the kind described in paragraph (a) of this section whether made directly by, for or on account or behalf of any person connected directly or indirectly with the Office of Alien Property, or in which such person has any beneficial interest. Employees are considered to have a beneficial interest in transactions of their husbands or wives, and therefore such transactions shall be deemed to come within the provisions of this section.

(c) Any person connected directly or indirectly with the Office of Alien Property who owns or has any interst in any property or interest therein concerning which the Alien Property Custodian or the Attorney General has acted or may hereafter act shall notify the Director, Office of Alien Property, of such ownership or interest immediately upon the execution of this section or the taking of such action by the Alien Property Custodian or the Attorney General, as the case may be.

[13 F.R. 9510, Dec. 31, 1948, as amended at 17 F.R. 11781, Dec. 30, 1952; 21 F.R. 764, Feb. 3, 1956]

§ 505.60 Limitation on representative activities by former employees. No former officer, clerk, or employee of the Office of Alien Property, or the Office of Alien Property Custodian, or the Philippine Alien Property Administration, nor any former officer, clerk, or employee of the Treasury Department or of any Federal Reserve Bank who performed duties in connection with Foreign Funds Control nor any former officer, clerk, or employee of the Department of Justice who performed duties in connection with Alien Property Custodian functions, may appear before the Office of Alien Property in a representative capacity unless he obtains the prior approval of the Director of the Office of Alien Property in each matter. To obtain such approval he must file with the Director an affidavit in duplicate stating:

(a) The department or agency in which employed and the dates of such employment;

(b) That while he was so employed the particular matter was not pending in such department or agency, or if it was so pending that he

(1) Took no personal action with respect to it;

(2) Gave no personal consideration to it;

(3) Gained no personal knowledge of its facts, and

(4) Is not, and will not be, associated in the particular matter with any person who took personal action with respect to it, or personally considered it or gained personal knowledge of its facts while so employed.

[17 F.R. 11782, Dec. 30, 1952]

NOTE: Attention is called to the provisions of R.S. 190 (18 U.S.C. 207) and 18 U.S.C. 281, 283, and 284.

Sec. 507.99 Post transactions previously licensed or prohibited not affected.

AUTHORITY: The provisions of this Part 507 issued under sec. 301, 55 Stat. 839; 50 U.S.C. App. 5, E.O. 9193, July 6, 1942, 7 F.R. 5205; 8 CFR, 1943 Cum. Supp.; E.O. 9989, Aug. 20, 1948, 13 F.R. 4891; 3 CFR, 1948 Supp. § 507.42 Patent property of foreign countries and nationals thereof.

(a) Any transaction, transfer or the exercise of any right, power or privilege by or on behalf of or pursuant to the direction of any foreign country specified in paragraph (b) of this section, or any nationals of any such country with respect to Letters Patent or Applications for Letters Patent of the United States based upon any invention made in the territory of any of the countries specified in paragraph (b) of this section or rights or interests therein or related thereto, is hereby prohibited unless authorized by or on behalf of the Attorney General of the United States.

(b) The following countries are specified:

(1) Germany.

(2) Rumania. (3) Hungary. (4) Bulgaria.

(c) Notwithstanding the provisions of paragraph (a) of this section and § 511.211a of this chapter there are hereby authorized.

(1) The filing in the United States Patent Office of the following applications:

(1) Applications for Letters Patent filed pursuant to the provisions of 61 Stat. 794 by, or on behalf of, or pursuant to the direction of, Germany, or any national of Germany which are based on inventions made after January 1, 1946;

or

(ii) Applications for Letters Patent by or on behalf of, or pursuant to the direction of, Bulgaria, Rumania, or Hungary, or any national of any such country, which were received in the United States after May 15, 1946, or which are based on any blueprints, drawings, sketches, or other information received in the United States after May 15, 1946; and

(2) The prosecution in the United States Patent Office of applications specified in subparagraph (1) of this paragraph of this section, and the receipt of Letters Patent thereon; and

(3) The execution or recording of any instrument, agreement, or understanding affecting title to, or interest in, any application specified in subparagraph (1) of this paragraph, or any Letters Patent issued under subparagraph (2) of this paragraph: Provided, however, That any application filled pursuant to subparagraph (1) (1) of this paragraph and any Letters Patent issued thereon pursuant to subparagraph (2) of this paragraph shall be subject to any conditions and limitations with respect to duration, revocation, utilization, assignment, or licensing which may be imposed by Congress, or by the President in accordance with the provisions of any treaty hereafter entered into with Germany and: Provided further, That nothing in this section is intended as a limitation upon the right of the Attorney General of the United States to exercise vesting powers under the Trading With the Enemy Act, as amended (50 U.S.C. App. and Sup. 1-40), with respect to patent property.

(d) The term "national" shall have the meaning prescribed in section 5 of Executive Order No. 8389, 3 CFR, 1943 Cum. Supp., as amended, except that the following, for the purposes noted, shall be deemed not to be nationals of a foreign country specified in paragraph (b) of this section:

(1) For the purpose of any transaction prohibited by this section, any individual who is and has been a resident of the United States on and since December 7, 1941, and who is a national of such foreign country solely by reason of the fact that such individual has been domiciled in, or a subject, citizen, or resident, of such country at any time on or since the effective date of Executive Order No. 8389, as amended, and any partnership, association, corporation, or other organization which is a national of such foreign country specified in paragraph (b) of this section solely by reason of the interest therein of such person or persons; and

(2) For the purpose of receiving an assignment of a United States patent or patent application, or an undivided interest therein, any partnership, association, corporation, or other organization which is organized under the laws of the United States, or of any of them, or any resident of the United States.

(e) Notwithstanding the provisions of § 511.211a of this chapter all transactions with respect to the United States Letters Patent, applications therefor,

and rights and interests therein or related thereto of foreign countries and nationals thereof not prohibited by this section are authorized under the Trading With the Enemy Act, as amended (50 U.S.C. App. and Sup. 1-40). [17 F.R. 11783, Dec. 30, 1952]

§ 507.46 Trade-mark_property of Germany and nationals thereof.

(a) Any transaction, transfer or the exercise of any right, power or privilege by or on behalf of or pursuant to the direction of Germany, or nationals of Germany with respect to any trade-mark or trade-name, or rights or interests therein or related thereto, which was in or registered in the United States on December 31, 1946, is prohibited, unless authorized by or on behalf of the Attorney General or the Director, Office of Alien Property.

(b) Notwithstanding the provisions of paragraph (a) of this section and § 511.211a of this chapter there are hereby authorized all transactions relating to trade-marks used on goods produced solely by German manufacturers in the Federal Republic of Germany or in the United States, United Kingdom, or French Sectors of Berlin, including the payment or receipt of funds or credits with respect to such transactions by, or on behalf of, the Federal Republic of Germany, or any national of Germany who, at the time of performance of any transaction authorized by this section is domiciled in the Federal Republic of Germany or the United States, United Kingdom, or French Sectors of Berlin.

(c) The term "national" shall have the meanings prescribed in section 5 of Executive Order No. 8389, 3 CFR, 1943 Cum. Supp., as amended, except that any individual who is and has been a resident of the United States on and since December 7, 1941, and who is a national of Germany solely by reason of the fact that such individual has been domiciled in, or a subject, citizen, or resident of, such country at any time on or since the effective date of Executive Order No. 8389, 3 CFR, 1943 Cum. Supp., as amended, and any partnership, association, corporation, or other organization which is a national of Germany solely by reason of the interest therein of such person or persons shall not be deemed nationals within the meanings so prescribed.

(d) Nothing contained in this section shall apply to trade-marks or tradenames or rights related thereto which

are owned or held by, or registered in the name of, the Attorney General of the United States or are owned or held by, or registered in the name of any business enterprise which is supervised or controlled by the Attorney General. Prohibitions with respect thereto are set forth in § 505.1 of this chapter.

[17 F.R. 11783, Dec. 30, 1952]

§ 507.50 Trade-mark property of Rumania, Hungary, Bulgaria or nationals thereof.

(a) Any transaction, transfer or the exercise of any right, power or privilege by or on behalf of or pursuant to the direction of any foreign country specified in paragraph (b) of this section, or any nationals of any such country with respect to any trade-mark or trade-name or rights or interests therein or related thereto, which was in or registered in the United States on May 15, 1946, is prohibited, unless authorized by or on behalf of the Attorney General of the United States.

(b) The following countries are specified:

(1) Rumania. (2) Hungary. (3) Bulgaria.

(c) Notwithstanding the provisions of paragraph (a) of this section, the following transactions are authorized by or on behalf of, or pursuant to the direction of any foreign country specified in paragraph (b) of this section, or any nationals of any such country:

(1) The filing in the United States Patent Office of applications for registration of trade-marks not adopted or used in any country prior to May 15, 1946; and

(2) The prosecution in the United States Patent Office of applications specified under subparagraph (1) of this paragraph, and the receipt of trade-mark registration certificates thereon; and

(3) The execution or recording of any instrument, agreement, or understanding affecting title to, or interest in, any trade-mark registered pursuant to subparagraph (2) of this paragraph.

(d) The term "national" shall have the meanings prescribed in section 5 of Executive Order No. 8389, 3 CFR, 1943 Cum. Supp., as amended, except any individual who is and has been a resident of the United States on and since December 7, 1941, and who is a national of such foreign country solely by reason of the fact that such individual has been

domiciled in, or a subject, citizen, or resident of, such country, at any time on or since the effective date of Executive Order No. 8389, 3 CFR, 1943 Cum. Supp., as amended, and any partnership, association, corporation, or other organization which is a national of such foreign country specified in paragraph (b) of this section solely by reason of the interest therein of such person or persons shall not be deemed nationals within the meanings so prescribed.

(e) Nothing contained in this section shall apply to trade-marks or tradenames or rights related thereto which are owned or held by, or registered in the name of, the Attorney General of the United States or are owned or held by, or registered in the name of any business enterprise which is supervised or controlled by the Attorney General. Prohibitions with respect thereto are set forth in § 505.1 of this chapter. [17 F.R. 11783, Dec. 30, 1952]

§ 507.52 License and authorization with respect to trade-mark property. Notwithstanding § 511.211a of this chapter all transactions with respect to trademarks in the United States, registrations thereof and rights and interests therein or related thereto of foreign countries or nationals thereof not prohibited by §§ 507.46 or 507.50 are authorized under the Trading With the Enemy Act, as amended (50 U.S.C. App. and Sup. 1-40): Provided, That nothing in this part is intended as a limitation upon the right of the Attorney General to exercise vesting power under the Trading With the Enemy Act, as amended (50 U.S.C. App. and Sup. 1-40) with respect to trade-mark property. [17 F.R. 11784, Dec. 30, 1952] § 507.71 Authorizing certain

transac

tions respecting foreign-owned interests in works subject to copyright. (a) Notwithstanding § 511.211a of this chapter all transactions which relate to interests in works owned by foreign countries or nationals thereof are authorized under the Trading With the Enemy Act, as amended (50 U.S.C. App. and Sup. 1-43): Provided, That nothing in this section licenses the payment or receipt of any funds or credits with respect to works to, by or on behalf of any designated foreign country or nationals thereof, except to the extent licensed by Part 511 of this chapter.

(b) The term "designated foreign country" shall mean a country designated in Executive Order 8389, 3 CFR, 1943 Cum. Supp., as amended, and the term "national” shall have the meanings prescribed in section 5 of Executive Order 8389, 3 CFR, 1943 Cum. Supp., as amended (17 F.R. 11842, Dec. 31, 1952).

(c) The term "work" shall include literary and artistic creations copyrighted or copyrightable under the statutory law of the United States or in which there are literary or artistic property rights under the common law of the several states of the United States, and all rights arising under the statutory and common law of the United States and the several states thereof in any such literary or artistic creations, such as, for example, but not by way of limitation, rights to translate, to make any version, to dramatize, to convert into a novel or other non-dramatic version, to arrange or adapt, to deliver or authorize delivery in public, to perform or authorize performance in public, to transmit or exhibit by radio, television, motion picture, or other means, to make any transcription or record in any manner or by any method, to print, reprint, publish, copy or vend, and to obtain statutory copyrights or renewals in all forms and versions of the literary and artistic creation.

(d) The term "interest" in a work shall mean ownership, part ownership, or claim of ownership, in whole or in part, of the work, and any right, license, privilege, or property in or to or with respect to such work; and any right, title, or interest in, to or under any contract or other instrument pertaining to a work; and any royalty, share of profits, license fees, or other emolument or compensation reserved with respect thereto. "Interest" shall also include, but not by way of limitation, any interest as hereinbefore described which is held or claimed as trustee, agent, representative or nominal proprietor.

[28 F.R. 1766, Feb. 26, 1963]

§ 507.99 Past transactions previously licensed or prohibited not affected. (a) Unless specifically provided, nothing in this part shall be deemed to license retroactively any act or transaction prohibited by, or pursuant to, section 3 of the Trading With the Enemy Act, as amended, Executive Order No. 8389, as amended, Executive Order No. 9095 (3 CFR, 1943 Cum. Supp.) as

amended, or

orders and regulations thereunder, which was not authorized by an appropriate general or special license issued by the Secretary of the Treasury, the Alien Property Custodian, the Director, Office of Alien Property, or the Attorney General, and in effect at the time such act or transaction was performed, or attempted to be performed.

(b) Nothing in this part shall be deemed to prohibit the performance of any agreement, if such action is authorized at the time performed by the terms of any general or special license issued by the Secretary of the Treasury, the Alien Property Custodian, the Director, Office of Alien Property, or the Attorney General, and in effect at the time such agreement was entered into.

[13 F.R. 9512, Dec. 31, 1948, as amended at 17 F.R. 11843, Dec. 31, 1952]

Sec.

PART 510-REPORTS

510.30 Report of royalties due and payable under vested patent rights. 510.46 Report of royalties due and payable under vested interests in trademarks, commercial prints and labels.

510.70 Report of royalties due and payable under vested interests in works subject to copyright.

AUTHORITY: The provisions of this Part 510 issued under sec. 301, 55 Stat. 839; 50 U.S.C. App. 5, E.O. 9193, July 6, 1942, 7 F.R. 5205; 3 CFR, 1943 Cum. Supp., execpt as otherwise noted.

§ 510.30 Report of royalties due and

payable under vested patent rights.

(a) In any case in which the Attorney General is entitled to receive royalties under a vested patent, patent application or interest in an agreement with respect to a patent or patent application, any person obligated to pay such royalties shall make payment thereof to the Office of Alien Property, Washington 25, D.C. as they become due. Payments shall be accompanied by reports on Form OAP20, in triplicate.

(b) As used in this section the terms: (1) "Royalty" shall include serial payments under a license, assignment or other agreement; and

(2) "Agreement" shall include, without limitation, any contract of purchase or sale, any contract granting a right to obtain an assignment, any agreement to use or not to use, any license held or granted, any cross-license agreement, any royalty agreement, and any agree

86-023-68--13

ment as to quantity, price, territorial restrictions or field of use.

[19 F.R. 1212, Mar. 4, 1954]

§ 510.46

Report of royalties due and payable under vested interests in trade-marks, commercial prints and labels.

(a) In all cases in which the Attorney General is entitled to receive royalties by virtue of having vested an interest in a trade-mark, whether or not registered in the United States Patent Office, or in any commercial print or label, or right thereunder, or an interest in an agreement with respect to a registered or unregistered trade-mark, commercial print or label, persons obligated to pay such royalties shall make payments thereof to the Office of Alien Property, Washington 25, D.C. Payments shall be accompanied by reports on Form APC-51, in duplicate. Royalties shall be paid within ten days after the date they become due and payable. In making payments:

(1) Federal withholding taxes on such royalties shall not be paid by reporter to the Director of Internal Revenue and the amounts oridinarily withheld for such purposes shall be included in payments to the Office of Alien Property.

(2) Charges specifically authorized by the agreement under which the royalties are payable may be deducted by the reporter. Charges which are incurred subsequent to vesting and which are not specifically authorized by the agreement shall not be deducted unless approved by or for the Director, Office of Alien Property, in writing.

(b) For the purposes of this section the terms:

(1) "Person" shall mean any individual, partnership, association, enterprise, joint-stock company, trust, corporation or any other organization or body politic;

(2) "Interest" shall mean ownership, part ownership, or claim of ownership, in whole or in part, of any trade-mark, registration or application for registration thereof, and of any copyright or claim of copyright in any commercial print or label, and any right, license, privilege or property in or to such trademark, commercial print or label, and any right, title and interest in, to or under any contract or any other instrument, and any royalty, share of profits, license fees or other emolument or compensation reserved with respect thereto. Such interest shall also include, without limitation, any interest as described in this