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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Cerise Innovation Technology Ltd v Melih Abdulhayoglu (Patent) [2000] UKIntelP o06700 (23 February 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o06700.html Cite as: [2000] UKIntelP o06700, [2000] UKIntelP o6700 |
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For the whole decision click here: o06700
Summary
The claimant launched entitlement proceedings in respect of four withdrawn and unpublished patent applications, arguing that the defendant had made the inventions during the course of his duties whilst employed by the claimant. The claimant argued that the defendant was a director of Cerise Innovation at the time when the inventions were made and was employed for his technical know-how. Having considered such factors as remuneration, arrangement of work permits, payment of income tax and national insurance, and further having found no persuasive evidence of an actual or implied employment contract, the Hearing Officer concluded that the claimants evidence fell short of establishing that the defendant was an employee at the time the inventions were made. Costs were awarded against the claimant.