The Trading with the Enemy (Custodian) (No. 3) Order 1951

• Citation: S.I. 1951/780
• Sections: 11

Section 1

Save as hereinafter otherwise provided there shall vest in the Custodian of Enemy Property for England appointed under the Trading with the Enemy Act, 1939,

(a) all Letters Patent for inventions belonging to or held or managed on behalf of any enemy, and

(b) the interest in all Letters Patent for inventions of any enemy who with any other person is the patentee, and

(c) the interest of any enemy in all Letters Patent for inventions in which the invention has been communicated to the patentee by an enemy.

Section 2

There shall be excepted from the vesting to be effected by this Order any Letters Patent for inventions sealed in pursuance of an application for a patent made on or after the 3rd day of September, 1939, and the interest of any enemy in any such Letters Patent.

Section 3

The said Custodian shall have power to apply under Section 74 of the Patents Act, 1949 for the registration of his title to any of the Letters Patent or interests vested in him by Article 1 of this Order.

Section 4

The said Custodian shall be entitled in respect of the Letters Patent vested in him by Article 1 of this Order to exercise all the powers of a patentee and generally to deal with the said Letters Patent and the said interests vested in him as aforesaid as, subject to any direction by the Board of Trade, in his discretion shall seem advisable.

Section 5

Any person shall within twenty-eight days after service on him of a notice by the said Custodian requiring him so to do furnish to the said Custodian such returns accounts and other information as are specified therein and produce such documents as are so specified being returns accounts information and documents the furnishing or production of which the said Custodian considers necessary for the discharge of his functions under this Order.

Section 6

The said Custodian shall have power to employ such agents as he may consider necessary in the exercise of his powers and duties under this Order.

Section 7

Out-of-pocket payments duly made by the said Custodian in relation to the receiving, collecting, vesting, management, holding or disposing of property which is the subject matter of this Order shall be reimbursed to the said Custodian out of such property and shall be chargeable accordingly.

Section 8

The Custodian shall exercise all the powers conferred on him by this Order in such manner as he may from time to time be directed by the Board of Trade and subject to any such direction as he may from time to time think fit.

Section 9

The Interpretation Act, 1889 shall apply to this Order as if it were an Act of Parliament.

Section 10

For the purpose of this Order the following expressions shall have the following meanings:—

(a) “ enemy ” means —

(i) the German State;

(ii) any individual resident in Germany;

(iii) any body of persons constituted or incorporated under the laws of Germany;

(iv) any body of persons (whether corporate or unincorporate), carrying on business in any place, controlled by any State, individual or body of persons as aforesaid.

(b) “ Germany ” means territory comprised in the German State on the 1st day of March, 1938 .

Section 11

This Order may be cited as the Trading with the Enemy (Custodian) (No. 3) Order, 1951.