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Enemy Patents in the United States

Published online by Cambridge University Press:  12 April 2017

Alexander Holtzoff
Alexander Holtzoff*
Affiliation:
U. S. Attorney General
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Extract

There was concluded in Washington on December 15,1931, an arbitration between the Central Powers and the United States of claims arising out of the seizure by the United States of enemy-owned ships, patents and radio stations during the World War. The arbitration was unique in that, instead of being brought about as the result of a treaty or a convention between the Powers in question, it was instituted as the result of an Act of Congress by which a special tribunal was established for the hearing of such claims against the United States. Thus we are confronted with the unusual spectacle of a Power against whom the claims were asserted, recognizing such claims by a legislative act on its own part, without any bilateral agreement, and establishing of its own accord a special tribunal for the determination of the claims. It was consequently an arbitration international in its scope, but conducted before a domestic tribunal.

Type
Research Article
Information
American Journal of International Law , Volume 26 , Issue 2 , April 1932 , pp. 272 - 279
Copyright
Copyright © American Society of International Law 1932

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References

1 40 Stat. 411; Supplement to this JOURNAL, Vol. 12 (1918), p. 27.

2 40 Stat. 1020.

3 40 Stat. 459; Supplement to this JOURNAL, Vol. 12 (1918), p. 292.

4 The legality of this transfer was attacked but was upheld in the courts. United States v. Chemical Foundation, 272 U. S.

5 42 U. S. Statutes at Large, p. 151

6 45 ibid., p. 254; Supplement to this JOURNAL, Vol. 22 (1928), p.

7 40 U. S. Stat. L., p. 75; Supplement to this JOURNAL, Vol. 12 (1918), p. 22.

8 Administrative Decision No. 1, this JOURNAL, Vol. 23 (1929), p. 193.

9 Ibid., p. 200.

10 Ibid., p. 203.

11 Ibid., p. 209.

12 This JOURNAL, Vol. 23 (1929), p. 659.

13 An illuminating discussion of this theory is found in the Opinions of Commissioners under the Convention concluded September 8,1923 between the United States and Mexico, February 4,1926, to July 23,1927, p. 39, claim of W. A. Parker against Mexico; also in this JOURNAL, Vol. 21 (1927), p. 174 at 177-178.