The right to bring a claim for infringement1 belongs to the proprietor of the patent2, to his exclusive licensees3 and, in certain circumstances4, to holders of compulsory licences5 and licences of right6. The claimant probably need not first secure entry of his title on the register of patents7, but failure to do so may limit his right to damages8. When a licensee sues alone, the proprietor must be made a defendant, although he is not liable for costs unless he acknowledges service of the claim form and takes part in the proceedings9. Where the proprietor sues, it is usual
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Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
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