The Trading with the Enemy (Authorisation) (Germany) Order 1952

Statutory Instruments

1952 No. 4

TRADING WITH THE ENEMY

AUTHORISATION

The Trading With the Enemy (Authorisation) (Germany) Order, 1952

Made

1st January 1952

The Board of Trade in exercise of the powers conferred upon them by Section 1 of the Trading with the Enemy Act, 1939 (hereinafter referred to as “the Act”) and of all other powers enabling them in that behalf do hereby make the following Order:—

1.  Notwithstanding anything contained in Section 1 of the Act, any person, unless the Board of Trade otherwise direct, may trade, except as provided in Article 2 hereof, with any person to whom this Order applies in respect of copyright in any literary, dramatic, musical and artistic work belonging to any person to whom this Order applies and in respect of any licence, contract or agreement relating thereto.

2.  This Licence shall not extend to or authorise any trade in respect of the copyright in any work in so far as it is the subject of a licence granted by the Comptroller-General of Patents, Designs and Trademarks under the powers conferred on him by Section 2 of the Patents, Designs, Copyright and Trademarks (Emergency) Act, 1939 or any monies arising thereunder.

3.  This Order applies

(i) to any Government, public or other authority in Germany,

(ii) to any individual resident in Germany,

(iii) as respects any business carried on in Germany, to any individual or body of persons (whether corporate or unincorporate) carrying on that business.

4.  For the purpose of this Order “ Germany” means Berlin and the French, British, American and Russian Military Zones of Germany as established by the statement by the Governments of the United Kingdom, the United States of America, the Union of Soviet Socialist Republics and the Provisional Government of the French Republic on the zones of occupation in Germany on the 5th June, 1945 and also those parts of the former German Reich which are at present administered by the Union of Soviet Socialist Republics.

5.  The Trading with the Enemy (Authorisation) (Germany) Order, 1950(1) is hereby revoked.

6.—(1) This Order may be cited as the Trading with the Enemy (Authorisation) (Germany) Order 1952.

(2) The Interpretation Act, 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

H. S. Gregory

A Secretary of the Board of Trade

Dated this 1st day of January, 1952

EXPLANATORY NOTE

This Order authorises trade with persons in Germany in respect of German owned copyright in any literary, dramatic, musical and artistic work, in so far as it has not been the subject of a licence granted by the Comptroller-General of Patents.

(1)

1950 II, p. 1145.