Flashcards
Patents case law 1
Cards in this deck (20)
- 1Robb v Green 1895Employees are under an implied duty of confidence
- 2Virgin Atlantic v Premium AircraftSkilled person can inquire and enlist someone with expertise
- 3Coco v ClarkTo establish BOC claimant must show:
(1) there was info capable of being protected
(2) that the defendent was under a duty of confidence.
(3) that the defendant used the information in a way that breached the duty.
Reasonable man test: would a reasonable man upon reasonable grounds have realised that the infor was being given in confidence? - 4Sharpe and Dohme v Boots Pure DrugNovelty: can mosaic where citations to follow.
- 5Entitlement proceedings?Before grant: s.8 UKPA
After grant: s.37
Can refer Q to Comptroller. He can refer it to the court. If other disputes are happening then appropriate for it to be heard before court. - 6Qualcomm v NokiaIs a text book common general knowledge?
Would skilled person consult particular text? - 7Catnic v Hill and SmithSkilled person is someone who is likely to have practical interest in the subject matter.
- 8Vestergaard Frandsen v Bestnet EuropeClassic example of BOC invloves confidential information being used by the defendant who received the information in circumstances where he agreed or ought to have known that it was confidential info.
- 9Lux Traffic v Pike SignalsNo need to prove that someone saw disclosure for it to be public
- 10General tyre v Firestone tyreCGK of skilled person = sort of knowledge that would be had by a person good at their job in real life.
- 11Folding attic stairs v Loft stairsDifference between seeing something and observing something (i.e. how it works)
- 12Breach of confidence defences?1. Consent/Authorisation
2. Public interest
3. statutory immunities. - 13Wesley Jessen v CoopervisionA disclosure to someone who has no idea what it is and makes no further use of it is not a disclosure.
- 14Seager v CopydexNot necessary to show knowledge of the BOC or that the person acted in bad faith.
- 15SABAF v MFILocation of passing of goods might be determinative of where disposal took place.
Person who arranges for the import is the importer. - 16Genentech's patentSkilled person can be a team
- 17Ocular Sciences v Aspect visionin Coco v Clark BOC test: necessary for plaintiff to define with precision what the secret is.
- 18Attorney General v Jonathan CapeMoral obligation of secrecy insufficient - must be a legal obligation
- 19Gartside and Outram 1856Origin of public interest defence.
No confidence as to the disclosure of iniquity - 20Faccenda v FowlerFaccenda factors for determining whether something was a trade secret protectable post termination:
1. Nature of employment -> How close to the centre of business?
2. Nature of info (no protection for generalised business methods)
3. Did the employer impress confidential nature of info upon employee? (Was it obviously a secret?)
4. Can the information be easily isolated from other info (e.g. info someone picks up working day-to-day at a company)?
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- Flashcards on Patents case law 1, created by M John on 07/12/2015.
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- M John
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