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02 December 2010
Issue: 7444 / Categories: Case law , Law digest
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Patent

Lykiardopulo v Lykiardopulo [2010] EWCA Civ 1315, [2010] All ER (D) 225 (Nov)

The words “the employer” in s 41(2) of the Patents Act 1977 went back to the words “an employer” in the opening words of that section. In the opening words, it meant the actual employer—the legal entity which was the real assignor. The statute required consideration of the actual assignment from the actual employer to the actual connected person.

The words “benefit derived or expected to be derived” in s 41(2) was deemed to be the amount the employer could reasonably be expected to have derived if the assignee had not been connected, knowing what benefit had in fact been obtained by the assignee. On the true construction of s 41(2), the words “that person” meant the actual assignee with its actual attributes.
 

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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