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including the power to issue sublicenses for use in behalf of the Government and/or in furtherance of the foreign policies of the Government.
nical, scientific, industrial, commercial or other economic or social factors af. fecting the invention involved, to ascertain possible interest in foreign patent protection of the invention and willingness to finance such protection; and
(b) After such consultation and consideration of such factors as the availability of valid patent protection in the countries selected and to the extent of funds made available by Government agencies and/or industry, take or cause to be taken all action necessary to secure such protection of the invention, consistent with existing law and the requirements of the Government.
8 101.9 Administration of foreign patents.
The functions and duties of the Chairman of the Government Patents Board under paragraphs 4 and 5 of E.O. 9865, as amended by paragraph 5 of E.O. 10096, are, until further notice, hereby delegated to the Secretary of Commerce: Provided, however, That all matters of policy arising under this delegation shall be subject to the approval of the Chairman of the Government Patents Board.
§ 101.7 Publication in lieu of patenting.
When the foreign rights of the Government with respect to an invention may be adequately protected through prompt disclosure of the invention in lieu of patenting, the Government agency concerned, or the Secretary of Commerce in cooperation with the Government agency concerned, may, with the approval of the Chairman of the Government Patents Board, cause the invention to be disclosed by publication thereof.
§ 101.10 Reports and records.
(a) Each Government agency shall report promptly to the Secretary of Commerce, with a copy to the Chairman of the Government Patents Board, all actions by the agency taken pursuant to $ $ 101.5 and 101.7, as well as disclosures by publication by the agency made pursuant to paragraph 2(a) of E.O. 10096.
(b) The Secretary of Commerce shall maintain adequate records and other necessary files, to provide readily available information on all inventions included under the provisions of $ $ 101.5, 101.6, 101.7, and paragraph (a) of this section, and shall submit to the Chairman of the Government Patents Board a written report quarterly, or otherwise as the Chairman may re quest, on all operations of this program during the preceding calendar quarter or other period designated.
§ 101.8 Foreign filing by inventor.
When the foreign rights in and to an invention are not assigned to the Government but the Government may, at its option or on request, acquire such rights and determines not to cause an application to be filed in any particular foreign country or otherwise to seek protection of the invention, or fails to take such action: (a) Within six months of the filing of an application for United States patent on the invention, or (b) within six months of declassification of an invention previously under a security classification, or (c) within six months after disclosure of an invention to the Government pursuant to contract, whichever is later, such determination or such failure to act shall constitute a decision by the Government to leave such rights to the inventor subject, to the extent practicable, to a nonexclusive, irrevocable, royalty-free license to the Government in any patent which may issue thereon in any foreign country,
8 101.11 Dissemination of this part.
Each Government agency shall make appropriate dissemination of the provisions of this part.
PART 102-LICENSING OF FOREIGN
PATENTS ACQUIRED BY THE GOVERNMENT
Sec. 102.1 Purpose. 102.2 Authority. 102.3 Scope. 102.4 The Department of State. 102.5 Licenses under foreign patents. 102.6 Reports and records.
AUTHORITY: E.O. 9865, 12 FR 3907, 3 CFR, 1947 Supp., E.O. 10096, 15 FR 389, 3 CFR. 1950 Supp.
SOURCE: Administrative Order 7, 19 FR 3938, June 29, 1954, unless otherwise noted. Redesignated at 34 FR 20383, Dec. 31, 1969.
§ 102.1 Purpose.
The purpose of this part is to provide for the administration of a uniform policy for the Government with respect to the licensing of foreign patents acquired by the Government.
§ 102.2 Authority.
Authority for the issuance of this part is provided in Executive Order 9865, dated June 14, 1947 (12 FR 3907), as amended by paragraph 5 of Executive Order 10096, dated January 23, 1950 (15 FR 389).
United States on a nonexclusive, revocable, royalty-free basis, except in such cases as the Secretary of Commerce, with the approval of the Chairman of the Government Patents Board, shall determine it to be inconsistent with the public interest to issue such licenses on a nonexclusive, royalty-free basis.
(b) Licenses under foreign patents acquired by the United States Government may be granted by the Secretary of Commerce to a foreign government or its nationals pursuant to any arrangements which may come into force with such foreign government as provided in § 102.4, or, in the absence of such arrangements, on such terms as the Secretary of Commerce, with the approval of the Chairman of the Government Patents Board and of the Secretary of State, shall determine, in accordance with law, to be in the public interest, subject to outstanding licenses.
(c) With respect to foreign patents relating to matters of public health, licenses under such patents issued to the United States Government may be granted by the Secretary of Commerce to a foreign government or its nationals on a nonexclusive, revocable, royalty-free basis unless the Chairman of the Government Patents Board, on the recommendation of the Secretary of State, shall determine otherwise, regardless of whether such foreign government is a party to the arrangements specified in § 102.4.
§ 102.3 Scope.
This part is to implement and supplement § 101.9 of this chapter,' with respect to inventions on which the Government has acquired foreign patents, except inventions within the jurisdiction of the Atomic Energy Commission which are not specifically authorized by said Commission for inclusion within the terms of this part. § 102.4 The Department of State.
Pursuant to Executive Orders 9865 and 10096, it is the responsibility of the Department of State, in consultation with the Chairman of the Government Patents Board and the Secretary of Commerce, to seek arrangements among governments under which each government and its nationals shall have access to the foreign patents of the other participating governments.
§ 102.6 Reports and records.
The Secretary of Commerce shall maintain adequate records and other necessary files, to provide readily available information on all licenses granted under $ 102.5, and shall submit to the Chairman of the Government Patents Board written report, with a copy to the Secretary of St quarterly or otherwise as the Chairman may request, on all operations of the licensing program during the preceding calendar quarter or other period designated.
§ 102.5 Licenses under foreign patents.
(a) Licenses under foreign patents acquired by the United States Government shall be granted by the Secretary of Commerce to nationals of the
CHAPTER 11-COPYRIGHT OFFICE, LIBRARY
Part 201 202 203
Page 274 326
351 355 358
PART 201—GENERAL PROVISIONS
8 201.1 Communications with the Copy
right Office. (a) In general. Mail and other communications shall be addressed to the Register of Copyrights, Library of Congress, Washington, D.C. 20559.
(b) Inquiries to Licensing Division. Inquiries about filings related to the four compulsory licenses (17 U.S.C. 111, 115, 116, and 118) should be addressed to the Licensing Division, LM454, Copyright Office, Library of Congress, Washington, D.C. 20557.
(c) Copies of records or deposits. Requests for copies of records or deposits should be addressed to the Certifications and Documents Section, LM-402, Copyright Office, Library of Congress, Washington D.C. 20559.
(d) Search of records. Requests for searches of registrations and recordations in the completed catalogs, indexes, and other records of the Copyright Office should be addressed to the Ref. erence and Bibliography Section, LM450, Copyright Office, Library of Congress, Washington, D.C. 20559. (50 FR 30170, July 24, 1985)
Sec. 201.1 Communications with the Copyright
Office. 201.2 Information given by the Copyright
Office. 201.3 (Reserved) 201.4 Recordation of transfers and certain
other documents. 201.5 Corrections and amplifications of
copyright registrations; applications for
supplementary registration. 201.6 Payment and refund of Copyright
Office fees. 201.7 Cancellation of completed registra
tions. 201.8 Import statements. 201.9 Recordation of agreements between
copyright owners and public broadcast
ing entities. 201.10 Notices of termination of transfers
and licenses covering extended renewal
term. 201.11 Notices of identity and signal car
riage complement of cable systems. 201.12 Recordation of certain contracts by
cable systems located outside of the
forty-eight contiguous States. 201.13 Notices of objection to certain non
commercial performances of non-dra
matic literary or musical works. 201.14 Warnings of copyright for use by
certain libraries and archives. 201.15 Voluntary license to permit repro
duction of nondramatic literary works solely for use of the blind and physically
handicapped. 201.16 Recordation and certification of
coin-operated phonorecord players. 201.17 Statements of Account covering
compulsory licenses for secondary trans
missions by cable systems. 201.18 Notice of intention to obtain a com
pulsory license for making and distributing phonorecords of non-dramatic musi
cal works. 201.19 Royalties and statements of account
under compulsory license for making and distributing phonorecords of non
dramatic musical works. 201.20 Methods of affixation and positions
of the copyright notice on various types
of works. 201.21 (Reserved) 201.22 Advance notices of potential in
fringement of works consisting of
sounds, images, or both. 201.23 Transfer of unpublished copyright
deposits to the Library of Congress. AUTHORITY: Sec. 702, 90 Stat. 2541, 17 U.S.C. 702; $ 201.7 is also issued under 17 U.S.C. 408, 409, and 410; $201.16 is also issued under 17 U.S.C. 116.
8 201.2 Information given by the Copy
right Office. (a) In general. (1) Information relative to the operations of the Copyright Office is supplied without charge. A search of the records, indexes, and deposits will be made for such information as they may contain relative to copyright claims upon application and payment of the statutory fee. The Copyright Office, however, does not undertake the making of comparisons of copyright deposits to determine similarity between works.
(2) The Copyright Office does not furnish the names of copyright attorneys, publishers, agents, or other similar information.
(3) In the administration of the Copyright Act in general, the Copyright Office interprets the Act. The Copyright Office, however, does not give specific legal advice on the rights of persons, whether in connection with particular uses of copyrighted works, cases of alleged foreign or domestic copyright infringement, contracts between authors and publishers, or other matters of a similar nature.