Exchange of notes (September 3 and 27, 1946) between Canada and the United States of America recording an agreement for the mutual interchange of patent rights in connection with RDX and other explosives
The Acting Secretary of State of the United States of America to the Chargé d'Affaires ad interim of CanadaDEPARTMENT OF STATE
Washington, September 3, 1946.
Sir: I refer to recent communications and discussions, with particular reference to two letters, one dated August 3, 1945, from Dr. Vannevar Bush, Director of the office of Scientific Research and Development, United States of America, to Dr. C. J. Mackenzie, President of The Honorary Advisory Council for Scientific and Industrial Research of Canada, the other, dated August 22, 1945, from Dr. Mackenzie to Dr. Bush, relating to the conclusion of an agreement between our two governments for the mutual interchange of patent rights in connection with RDX and other explosives, I now inform you that the Government of the United States is prepared to give effect to an agreement upon this subject in the following terms: "Whereas, the Government of the United States of America through the Director of the Office of Scientific Research and Development. Office for Emergency Management, Executive Office of the President, and the Government of Canada, through the President of The Honorary Advisory Council for Scientific and Industrial Research of Canada. have undertaken the joint development, of Explosive Compounds useful in tile Allied War effort; and "Whereas, the inventions identified in the attached Schedule A were made under the auspices of the Office of Scientific Research and Development and the Government of the United States of America has the right to grant certain licenses thereunder; and "Whereas, the inventions identified in the attached Schedule B were made under the auspices of The Honorary Advisory Council for Scientific and Industrial Research of Canada and the Government of Canada has the right to grant certain licenses thereunder; and "Whereas, the Governments of the respective countries desire to exchange rights thereunder; "Now, therefore, each Government grants to the other a non-exclusive, royalty-free license to have the inventions identified in the Schedules A and B attached hereto used or manufactured by or for the Governments of the respective countries, said license to extend throughout the world. "It is further agreed that the Schedules A and B attached hereto may be supplemented from time to time as further inventions are made and agreed upon by the contracting parties to be a part of the joint development undertaken by the respective Governments." If an agreement in accordance with the foregoing terms is acceptable to the Government of Canada, the agreement shall he considered by the Government of the United States to have been concluded and to be in effect as of the date of a corresponding note from you indicating that the Government of Canada is prepared to accept the agreement. Accept, Sir, the renewed assurances of my high consideration.
Enclosure No. 1Schedule A of License Interchange Agreement between the United States of America and Canada
Enclosure No. 2Schedule B of License Interchange Agreement between the United States of America and Canada
The Canadian Ambassador to the Acting Secretary of State of the United States of AmericaSir, I have the honour to refer to your note of September 3, 1946, proposing an Agreement which the Government of the United States of America is prepared to make with the Government of Canada for the mutual interchange of patent rights in connection with RDX and other explosives. Under instructions from my Government I have the honour to inform you in reply that the Canadian Government undertakes to give effect to the Agreement set forth in your note and understands that the Agreement will come into force as of the date of this note, namely, September 27, 1946. Accept, Sir, the renewed assurance of my highest consideration.
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