Shanks v Unilever Plc & Ors [2015] EWCA Civ 787 (17 June 2015)

Shanks v Unilever Plc & Ors [2015] EWCA Civ 787 (17 June 2015)

Permission to appeal is granted because the case raises important issues under the Patents Act 1977 regarding employee inventor compensation and the proper application of the 'outstanding benefit' test, with arguable merit in the applicant's contention that the size of the employer should not unduly preclude compensation.

Citation
[2015] EWCA Civ 787
Parties
Appellant/claimant: Ian Alexander Shanks; Respondents/defendants: Unilever PLC & Ors
Jurisdiction
England and Wales
Judgment Date
17 June 2015
Procedural Posture
Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Permission to appeal granted
Legal Topics
Employee Inventor Compensation, Patents Act 1977, Outstanding Benefit, Patent Exploitation
Intellectual Property Employment Law Employee Inventor Compensation Patents Act 1977 Outstanding Benefit Patent Exploitation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ian Alexander Shanks

Appellant/claimant

Unilever PLC & Ors

Respondents/defendants

Procedural Posture

Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the invention was of 'outstanding benefit' to the employer under the Patents Act 1977
  2. 2 Whether the hearing officer and judge applied the correct legal test for 'outstanding benefit'
  3. 3 Whether the size and nature of the employer's undertaking was properly considered

Ratio Decidendi

Permission to appeal is granted because the case raises important issues under the Patents Act 1977 regarding employee inventor compensation and the proper application of the 'outstanding benefit' test, with arguable merit in the applicant's contention that the size of the employer should not unduly preclude compensation.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal is granted to Professor Shanks.
  • Directions on protective costs order and further conduct to be determined after hearing counsel.