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Novello & Co., Ld. v. Hinrichsen Edition Ld. and Another.

England.  21 February 1950 ; 29 June 1951 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Jurisdiction over Subjects’ Property Situated Abroad — Exterritorial Effect of Confiscatory Decrees.

War — Trading with the Enemy — Trading with the Enemy Act 1939 — Inchoate Sale Agreement Made before Act but Retroactively Validated after Act — Whether within the Mischief of the Act — Patents, Designs, Copyright and Trade Marks (Emergency) Act, 1939 — Purpose of the Act — Enemy character of Copyright Owner — Effect of Act on his Power to Grant Licences — Powers of Comptroller under the Act.

Enemy Character — Of Persons — Patents, Designs, Copyright and Trade Marks (Emergency) Act, 1939 — Enemy Character of Owner of Copyright — Whether Once an Enemy Always an Enemy for the Purposes of the Act — Effect of Act on Power of Enemy or Ex-enemy to Deal with his Own Property — Powers of Comptroller under the Act.

Recognition of Acts of Foreign Governments — Exterritorial Effect of Confiscatory Decrees — Whether Sale by Trustee can be Confiscatory — Whether Valid to Transfer Property Outside Territory — Whether Enforceable In English Courts — Trading with the Enemy — Trading with the Enemy Act, 1939 — Inchoate Agreement for Sale Made Before Act and Retroactively Validated After Act — Whether Within the Mischief of the Act — Enemy Character of Copyright Owner — Patents, Designs, Copyright and Trade Marks (Emergency) Act, 1939 — Effect of Shedding Enemy Character — Position of Copyright Owner Who is No Longer an Enemy.

Type
Case Report
Copyright
© Cambridge University Press 1957

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