Hughes v Paxman: CA 23 Jun 2006

The parties were co-proprietors of a patent. Mr Hughes appealed a decision confirming an order that the patent must be exploited.
Held: The comptroller had the power to make such an order. Parliament could not have intended a deadlock situation between the proprietors to allow the frustration of the exploitation of the patent. Though given a wide discretion, the comptroller had to act rationally, fairly and proportionately.

Judges:

The Master of the Rolls Lord Justice Jacob Lord Justice Neuberger

Citations:

[2006] EWCA Civ 818, Times 18-Jul-2006

Links:

Bailii

Statutes:

Patents Act 1977 37(1)

Jurisdiction:

England and Wales

Cited by:

See AlsoHughes v Paxman CA 4-Jul-2006
Brief order . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 02 September 2022; Ref: scu.244265