The decision concerns whether the Comptroller has jurisdiction to hear the revocation case launched by the claimant under section 72 given that according to the defendant proceedings were at the time pending in both the English Intellectual Property Enterprise Court (IPEC) and in the Northern Ireland Court. The defendant also requested that if the comptroller does have jurisdiction that he should nevertheless certify that the question of revocation would more properly be determined by the court or failing that that the proceedings be stayed pending the outcome of the Northern Ireland proceedings, The hearing officer decided that the comptroller did have jurisdiction to deal with the revocation as there were no other proceedings pending when the proceedings under section 72 were instituted. He also declined to stay the proceedings
Mr P Thorpe
[2014] UKIntelP o31514
Bailii
England and Wales
Intellectual Property
Updated: 28 December 2021; Ref: scu.543133