Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Business Concerns in Commercializing Intellectual Property Rights

Ramesh and Tara are registered co-proprietors of a patent for a hand tool. Ramesh sells one patented tool to Dinesh, a retailer, without Tara's consent. Tara objects to Dinesh reselling it. What is the position?

Dinesh may deal with and resell the tool freely. Under section 50(4), a purchaser of a patented article sold by one registered co-proprietor, and anyone claiming through him, is treated as if the seller were a sole patentee.

  1. ADinesh may deal with the tool as if sold by a sole patenteeCorrect
  2. BDinesh may resell only with Tara's consent
  3. CDinesh must pay Tara a royalty on each resale
  4. DDinesh's purchase is void because Tara did not consent

Explanation

Section 50(4) says that where a patented article is sold by one of the registered co-proprietors, the purchaser and those claiming through him may deal with the article as if sold by a sole patentee. Tara's objection therefore has no effect on Dinesh's resale.

Did you get it right without looking?

One question tells you little. A timed set on Business Concerns in Commercializing Intellectual Property Rights shows your real accuracy, how long you take and where you lose marks.

Practise Business Concerns in Commercializing Intellectual Property RightsFree diagnostic mock

More Business Concerns in Commercializing Intellectual Property Rights questions