Archived posting to the Leica Users Group, 1998/04/16

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Subject: [Leica] Zeiss, Leitz, and F&H Patents
From: Marc James Small <msmall@roanoke.infi.net>
Date: Thu, 16 Apr 1998 11:03:28 -0400

After the experience Zeiss and Leitz had after World War I, they were
extremely careful to only assign US rights to their US agencies.  When
Germany declared War on the US on 10 December 1941, the US Government
seized both ELNY and Carl Zeiss, U.S.A. and the patent and trademark rights
of both of these companies and Franke & Heidecke and Voigtlander and so
forth.  But all the US government acquired were the US rights to these
intellectual properties, NOT the world-wide rights.  The same situation
existed in the UK and France;  none of the companies involved had done any
direct marketing in the USSR, so there was nothing for them to seize.

In short, the Allied Governments in 1945 owned the intellectual property
rights of these companies ONLY within their own countries and territories.  

The Allies never claimed that they gave permission to the Japanese to use
Zeiss and Leitz patents;  they simply refused to allow the companies to go
to law to protect their trademarks, patents, and copyrights.  This decision
was made on political grounds, not legal ones.

Marc


msmall@roanoke.infi.net  FAX:  +540/343-7315
Cha robh bas fir gun ghras fir!