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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> British Numberplate Manufacturers Association v Hills Numberplates Limited (Patent) [2005] UKIntelP o29305 (28 October 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o29305.html Cite as: [2005] UKIntelP o29305 |
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For the whole decision click here: o29305
Summary
Second preliminary decision
Having found in the earlier decision that the BNMA was not entitled to make the application in its own name, the hearing officer had been prepared to allow the application to proceed with the substitution of another applicant, subject to a guarantee in relation to costs already incurred in the proceedings in line with Moores Patent O/25/92 . Bestplate Ltd now proposed to substitute and undertook to accept liability for such contribution to costs as the BNMA or Bestplate were adjudged liable to make at the conclusion of the proceedings. The defendant objected that this was not in the spirit of Moore because it did not guarantee costs before substitution and did not require the new applicant to accept the statement filed by BNMA. The hearing officer did not accept the defendants arguments. However, he did not accept the proposed guarantee, considering that it should include costs awarded at any stage of the proceedings. If Bestplate were willing to give that guarantee, he would order substitution to proceed with consequential amendment of the pleadings being made in the Office.