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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Neil Eric Paxman v Derek Hughes (Patent) [2005] UKIntelP o14305 (23 May 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o14305.html Cite as: [2005] UKIntelP o14305 |
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For the whole decision click here: o14305
Summary
The patent relates to a new type of drinks cooler, and is owned jointly by the two parties. The two men set up a company to sell the new drink coolers; they are both directors of that company. However, only a very small number of the coolers have been sold because the co-proprietors have fallen out.
Mr Paxman wants to grant licences to third parties to manufacture and supply drinks coolers under the patent, but because Mr Hughes (a co-owner of the patent) does not consent, he needs an order from the Comptroller to allow him to grant such licences.
The hearing officer found that the Comptroller does have discretion to order the grant of such licences against the wishes of a co-proprietor when, and only when, it is necessary to prevent the proper exploitation of a patent being unreasonably prevented by one or more co-owners. But in this case, the claimant’s fiduciary duties as a company director prevent him from doing any of the things that he was asking the Comptroller to authorise him to do. Therefore the action was struck out before any evidence was filed.
