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Dranez Anstalt and Others v Hayek and Others: CA 26 Nov 2002

A company had bought another and, with it patents assigned to it by the inventor. In addition they obtained an agreement from the inventor not to compete, which agreement they now sought to enforce.
Held: The inventor’s appeal was upheld. The judge had failed properly to allow for the statutory context. Patents law set a balance of rights, granting a monopoly as a way of encouraging invention. It would be a wholly exceptional case where restraints on a person capable of making a real contribution to the development of science could be justified, and that monopoly right extended. Those restraints here, were unenforceable on the grounds of public policy.

Judges:

Woolf, LCJ, Brooke, Chadwick LJJ

Citations:

Times 03-Dec-2002

Statutes:

Patents Act 1980 60 61

Jurisdiction:

England and Wales

Intellectual Property, Commercial

Updated: 12 April 2022; Ref: scu.178321

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