INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [60 STAT. Po, p. 1i1. attached hereto as Appendix "A", and in comparable agreements between the Government of the United Kingdom and the British Participants, Foreign Patent rights should not be exercised to hinder export by any Participant to any Foreign Country of Synthetic Peni- cillin or a Therapeutic Equivalent. (i) Except as provided in this agreement, each Government shall be the sole and final judge on all questions of fact which arise out of or pertain to any relations between it and its own Participants. ARTICLE IV Grant of Licenses (a) The Government of the United Kingdom will, at the request of the Government of the United States, require British Participants owning or controlling United States Patents to grant a license upon appropriate terms to be determined by the Government of the United Kingdom and at a total royalty rate not in excess of 5% of the lowest net wholesale price of penicillin, or a therapeutic equivalent thereof, charged by the licensee, to persons or organizations designated by the Government of the United States. (b) The Government of the United States will, at the request of the Government of the United Kingdom, require American Partici- pants owning or controlling British Patents to grant a license upon appropriate terms to be determined by the Government of the United States and at a total royalty rate not in excess of 5% of the lowest net wholesale price of penicillin, or a therapeutic equivalent thereof, charged by the licensee, to persons or organizations designated by the Government of the United Kingdom. ARTICLE V Implementation The Government of the United States and the Government of the United Kingdom will, jointly and severally, take such action, execute such documents, and make or obtain such assignments, transfers, and dispositions of such rights and property of every kind as may be necessary fully to effectuate this Agreement and to enable the Gov- ernment of the United States and the Government of the United King- dom to carry out the principles and further the objectives of this com- mon undertaking. ARTICLE VI Duration Effective date. This agreement shall be deemed to have become effective on Decem- ber 1, 1943, and the obligations of both Governments hereunder shall continue in full force and effect, except as herein otherwise specifically provided, until the last of the Patents herein referred to shall expire. 1490
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