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Novello & Co., Ld. v. Hinrichsen Edition Ld. and Another.
Published online by Cambridge University Press: 01 January 2021
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.
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- © Cambridge University Press 1957