In Sept 2002 to utilize a lot of its patents, the defendant company granted an exclusive licence in the event of QR Sciences Ltd v BTG International Ltd. A clause in the agreement granted the right to assign the patents to QR Sciences. Clause 14.4 of the license stated that: during the term of the license BTG won’t assign any patent without needing to assign such patent to QRS. BTG informed QR Sciences it negotiated a mission of the patents. QR Sciences started proceedings against BTG. QR Sciences argued that clause 14.4 implemented when BTG suggested a mission of the patents in addition to when BTG left the patents and the Court should interpret the clause to have this meaning.
These issues arose during the action: if BTG’s discussions triggered QR Science’s rights under clause 14.4, and whether BTG’s suggestions into QR Sciences at March 2004 discharged BTG’s obligation to offer the patents QRS first. The Court ruled: BTG’s discussions with the 3rd party to assign the patents didn’t activate QR Sciences rights under clause 14.4. In case the negotiations had entailed abandoning the patents, QR Sciences could get asserted its rights under the clause, BTG’s suggestions already been made subject to contract and already been consequently not contractual offers, but merely invitations to treat, BTG hadn’t yet fulfilled its contractual duties to make a deal to QR Sciences, and any deal by BTG to QR Sciences should be a contractual deal whereby QR Sciences had a fair time to consider the offer and react.
Should you require further info contact us at enquiries@rtcoopers.com RT COOPERS, 2005. This Briefing Note doesn’t provide a complete or complete statement of the law related to all the issues discussed nor does it constitute legal advice. It’s intended only to highlight general issues. Specialist legal advice should always be sought at relation to specific circumstances. IP law firm advising on patents, Patent lawyers, Patent Lawyers, Copyright, know how, trade marks, trademarks, copyright law, IP attorneys, IP law Firm, IP rating IP solicitors freedom to operate copyright attorneys, patent solicitors, branding, IP lawyers, IP solicitors