A ferry plied its way between Dublin and Holyhead, coming into English territorial waters three or four times a day, and for up to three hours on each occasion. The claimants asserted that the construction of the hull infringed its patent.
Held: The Act specifically excluded liability where an infringing ship or other item came into the jurisdiction only accidentally or temporarily. The word ‘temporarily’ should be construed to mean ‘transient’ or ‘for a limited period of time’. The fact that visits were regular or frequent was to no effect, provided they remained temporary. Counsel ‘had some difficulty in suggesting just where the line might be drawn. I am not at all surprised. There is no line to be drawn. The matter cannot depend on something as indefinite and imprecise as frequency. ‘
Judges:
Aldous, Chadwick, Munby LJJ
Citations:
Times 10-Feb-2003, [2003] EWCA Civ 66
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Aktiebolag and Another v Irish Ferries Ltd ChD 25-Apr-2002
Patents – territoriality. . .
Cited – British Road Services v Wurzal 1971
A trailer used to transport goods between this country and continental Europe as found to be without a plate as required by regulation 3. The defence claimed the trailer was exempted by Schedule 2 of the regulations as it fell within the class of . .
Cited – Catnic Components Ltd and Another v Hill and Smith Ltd HL 1982
The plaintiffs had been established as market leaders with their patented construction, had ample production capacity and stocks, but had never granted any licence under their patent. The patent was for a novel type of galvanised steel lintel, which . .
Cited by:
Cited – Kastor Navigation Co Ltd and Another v AGF M A T and others ComC 17-Mar-2003
The court was able to make costs orders which differentiated between different stages and elements of a case. This might well result, as here, in a situation of a succesful claimant being ordered to pay 80% of the defendant’s costs, because of costs . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 18 November 2022; Ref: scu.179025