Kelly and another v GE Healthcare Ltd – WLR Daily

Posted February 13th, 2009 in compensation, law reports, patents by sally

Kelly and another v GE Healthcare Ltd [2009] EWHC 181 (Pat); [2009] WLR (D) 50

Compensation of employees for certain inventions pursuant to s 40 of the Patents Act 1977 was not restricted to remedying some loss. Compensation for an invention of  ‘outstanding benefit’ was to be determined in accordance with all available evidence, as per s 41 of the 1977 Act, so as to secure a just and fair reward to the employee, neither limiting the employee to compensation for loss or damage, nor placing the employee in as strong a position as an external patentee or licensor.”

WLR Daily, 12th February 2009


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