A licence between the parties had been registered at the Patent Office referring to a period of five years. Mr Britner sought to have the registration removed on the grounds that the period had been changed from one year without his authority. In response, Leisure Pleasure Products Ltd (LLP) filed this reference under section 37.
Held that although the terms of the licence were not all written down this was not necessarily fatal. On the period of the licence it was held that the parties had agreed five years; on consideration there was some doubt over what had been agreed; but on whether the licence was a sole licence or an exclusive licence, it was held that the licence was incomplete and unworkable. Held therefore that there is not and never has been a valid licence between the parties.
On costs, it was held that in the circumstances it was appropriate to make no award.
[2006] UKIntelP o36006
Bailii
England and Wales
Updated: 19 October 2021; Ref: scu.454942