Hughes v Paxman
The Comptroller has jurisdiction under s.37 of the Patents Act 1977 to order the grant of a licence under a patent at the application of one co-proprietor, and company law arguments regarding fiduciary duties do not bar such jurisdiction.
- Parties
- Appellant/respondent: Derek Hughes; Respondent/applicant: Neil Paxman
- Jurisdiction
- England and Wales
- Judgment Date
- 23 June 2006
- Procedural Posture
- Civil Appeal / Appeal From High Court (patents Court) to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Patent Co Ownership, Jurisdiction of Comptroller, Licensing of Patents, Fiduciary Duties of Directors
Case Brief
Summary, issues, holding and outcome
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Parties
Derek Hughes
Appellant/respondent
Neil Paxman
Respondent/applicant
Procedural Posture
Civil Appeal / Appeal From High Court (patents Court) to Court of Appeal
Legal Issues
- 1 Whether the Comptroller has jurisdiction under s.37 of the Patents Act 1977 to order the grant of a licence under a patent at the application of one co-proprietor
- 2 Whether company law/fiduciary duties prevent the grant of such a licence
Ratio Decidendi
The Comptroller has jurisdiction under s.37 of the Patents Act 1977 to order the grant of a licence under a patent at the application of one co-proprietor, and company law arguments regarding fiduciary duties do not bar such jurisdiction.
Court Disposition
Appeal dismissed
Orders
- Reference under s.37 reinstated
- Costs issue to be determined separately
Full Case Text
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