Ningbo Wentai Sports Equipment Co Ltd v Wang [2012] EWPCC 51 (09 November 2012)

The Patents County Court has special jurisdiction under s287 of the Copyright Designs and Patents Act 1988 and the relevant Order to hear claims for breach of confidence and contract arising out of the same subject matter as patent proceedings, even if the patent claim has been disposed of.

Citation: [2012] EWPCC 51
Parties: Claimant: Ningbo Wentai Sports Equipment Co Ltd; Defendant: Jonathan Hwan Wang
Jurisdiction: England and Wales
Judgment Date: 09 November 2012
Procedural Posture: Patent Revocation and Counterclaim for Breach of Contract/confidence / Jurisdictional Ruling on Counterclaim After Consent Order for Revocation
Outcome: Jurisdiction upheld
Legal Topics: Patent Revocation, Breach of Confidence, Breach of Contract, Jurisdiction of Patents County Court

Intellectual Property Contract Equity Patent Revocation Breach of Confidence Breach of Contract Jurisdiction of Patents County Court

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Parties

Ningbo Wentai Sports Equipment Co Ltd

Claimant

Jonathan Hwan Wang

Defendant

Procedural Posture

Patent Revocation and Counterclaim for Breach of Contract/confidence / Jurisdictional Ruling on Counterclaim After Consent Order for Revocation

Legal Issues

1 Whether the Patents County Court has jurisdiction to hear a counterclaim for breach of contract and breach of confidence arising out of the same subject matter as a patent case

Ratio Decidendi

Court Disposition

Jurisdiction upheld

Orders

The Patents County Court has jurisdiction to hear the counterclaim for breach of contract and breach of confidence.