Poul Chang Metal Industry Company Ltd v Bailcast Ltd & Anor

Poul Chang Metal Industry Company Ltd v Bailcast Ltd & Anor

Article 29 does not apply because the Claimant and KS Tools are not the same parties for the purposes of the Regulation; Article 30 applies but discretion is exercised against granting a stay as any risk of inconsistent judgments is of the Defendants' own making and the English court will have the benefit of the German court's findings before considering the merits. Abandonment of the invalidity claim constitutes discontinuance of part of the claim and requires a Notice of Discontinuance under CPR 38.1.

Parties
Claimant: Poul Chang Metal Industry Company Limited; First Defendant: Bailcast Limited; Second Defendant: Mr Philip Fields Hayward
Jurisdiction
England and Wales
Judgment Date
31 October 2018
Procedural Posture
Intellectual Property / Ruling on Stay Application and Discontinuance Issue
Outcome
Defendants' application for stay refused; Claimant required to file Notice of Discontinuance for invalidity claim; costs orders made as specified.
Legal Topics
Registered Community Design, Jurisdiction, Stay of Proceedings, Discontinuance, Costs
Intellectual Property Civil Procedure Registered Community Design Jurisdiction Stay of Proceedings Discontinuance Costs

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Parties

Poul Chang Metal Industry Company Limited

Claimant

Bailcast Limited

First Defendant

Mr Philip Fields Hayward

Second Defendant

Procedural Posture

Intellectual Property / Ruling on Stay Application and Discontinuance Issue

Legal Issues

  1. 1 Whether proceedings should be stayed pending outcome of related German proceedings under Articles 29 and 30 of Recast Brussels Regulation
  2. 2 Whether abandonment of claim for declaration of invalidity requires Notice of Discontinuance under CPR 38.1
  3. 3 Costs consequences of discontinuance and stay application

Ratio Decidendi

Article 29 does not apply because the Claimant and KS Tools are not the same parties for the purposes of the Regulation; Article 30 applies but discretion is exercised against granting a stay as any risk of inconsistent judgments is of the Defendants' own making and the English court will have the benefit of the German court's findings before considering the merits. Abandonment of the invalidity claim constitutes discontinuance of part of the claim and requires a Notice of Discontinuance under CPR 38.1.

Court Disposition

Defendants' application for stay refused; Claimant required to file Notice of Discontinuance for invalidity claim; costs orders made as specified.

Orders

  • Defendants' application for stay of proceedings refused.
  • Claimant must file Notice of Discontinuance for declaration of invalidity claim.