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31 CFR § 515.528 - Certain transactions with respect to blocked foreign intellectual property.

Date issued: Oct. 20 1995

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§515.528 Certain transactions with respect to blocked foreign intellectual property.
(a) The following transactions by any person who is not a designated national are hereby authorized:
(1) The filing and prosecution of any application for a blocked foreign patent, trademark or copyright, or for the renewal thereof;
(2) The receipt of any blocked foreign patent, trademark or copyright;
(3) The filing and prosecution of opposition or infringement proceedings with respect to any blocked foreign patent, trademark, or copyright, and the prosecution of a defense to any such proceedings;
(4) The payment of fees currently due to the government of any foreign country, either directly or through an attorney or representative, in connection with any of the transactions authorized by paragraphs (a) (1), (2), and (3) of this section or for the maintenance of any blocked foreign patent, trademark or copyright; and
(5) The payment of reasonable and customary...

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TURBOFAC Commentary (409 words)

Notes Common to 515.527 and 515.528.

1) While the roughly analogous IP-related provisions of other embargo programs [1] can be of some cross-programmatic interpretive usefulness, 515.527 and 515.528 deviate significantly from the standard IP GLs in significant ways. See, however, "Notes common to 542.520, 510.517 and 560.509 and Venezuela General License 27" for discussion on IP rights GLs generally. Also consult the Research System for more documents tagged as pertaining to IP rights generally.

[1] 560.209 (ITSR), 542.520 (SySR), 510.517 (NKSR), Venezuela General License 27.

2) Note that that the proviso in 515.528 preventing the registration of marks in connection with "assets that were confiscated, as that term is defined in §515.336, was the subject of litigation in Empresa Cubana Exportadora v. Department of Treasury, et al, No. 09-5196 (D.C. Cir. 2011). See also...