Ifejika v Ifejika & Anor [2010] EWCA Civ 563 (25 May 2010)

Ifejika v Ifejika & Anor [2010] EWCA Civ 563 (25 May 2010)

An intention to assign design rights, coupled with registration in the company's name, is sufficient to create an equitable assignment, entitling the company to be registered as proprietor. Even if the registration was ineffective, Victor Ifejika could establish title as original proprietor. The judge erred in holding that absence of a written assignment was fatal and in granting summary judgment for the defendants.

Citation
[2010] EWCA Civ 563
Parties
Appellant/claimant: Victor Ifejika; Respondent/defendant: Charles Ifejika; Respondent/defendant: Lens Care Limited
Jurisdiction
England and Wales
Judgment Date
25 May 2010
Procedural Posture
Civil Appeal / Appeal From Summary Judgment (cpr Part 24) in the Patents Court, Chancery Division
Outcome
Appeal allowed
Legal Topics
Registered Designs, Equitable Assignment, Company Law, Summary Judgment, Proprietorship of Design Rights
Intellectual Property Civil Procedure Registered Designs Equitable Assignment Company Law Summary Judgment Proprietorship of Design Rights

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 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Victor Ifejika

Appellant/claimant

Charles Ifejika

Respondent/defendant

Lens Care Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment (cpr Part 24) in the Patents Court, Chancery Division

Legal Issues

  1. 1 Whether the registration of the design in the name of CCL Vision Limited was valid in the absence of a written assignment from Victor Ifejika
  2. 2 Whether an intention to assign or registration in the company's name was sufficient to create an equitable assignment of design rights
  3. 3 Whether Victor Ifejika could establish title to the design rights as original proprietor

Ratio Decidendi

An intention to assign design rights, coupled with registration in the company's name, is sufficient to create an equitable assignment, entitling the company to be registered as proprietor. Even if the registration was ineffective, Victor Ifejika could establish title as original proprietor. The judge erred in holding that absence of a written assignment was fatal and in granting summary judgment for the defendants.

Court Disposition

Appeal allowed

Orders

  • Summary judgment for the defendants on the registered design claim set aside
  • Claim for registered design infringement to proceed to trial