USE OF PATENT RIGHTS

Press, Volume LXXXIX, Issue 27224, 16 December 1953, Page 7

USE OF PATENT RIGHTS

JUDGMENT BY COURT OF APPEAL (New Zealand Press Association) WELLINGTON, December 15. The Court of Appeal this morning delivered judgment allowing the appeal of George Frederick Campion, of Hawera, a manufacturer, from the decision of Mr Justice Hutchison, given in the Supreme Court at New Plymouth on February 20, 1953. Campion had employed the first respondent, John Clegg McDonald, an engineer, of Hawera. to assist him in developing certain ideas he had for the designing of certain sheep-holding devices. In their work, McDonald had submitted a model of a swivel device to Campion. Campion said that it was ingenious but did not solve his problem.

Mrs McDonald then applied on June 4, 1952, on behalf of herself and her husband for provisional patent rights protecting the swivelling device. On June 9, 1952, McDonald was dismissed for reasons unconnected with any question of the sheepholder. Campion later issued a writ against Mr and Mrs McDonald claiming an injunction preventing them from manufacturing or applying for letters patent for the device and for a declaration that they held the provisional patent rights in trust for Campion. Mr Justice Hutchison, in the Supreme Court, rejected this claim. The Court of Appeal consisted of Mr Justice Northcroft, Mr Justice Cooke, and Mr Justice Adams. After the death of Mr Justice Northcroft the parties agreed to accept the judgments of Mr Justice Cooke and Mr Justice Adams. These Judges today held that Campion was entitled to the full beneficial enjoyment of the invention and to the legal title to it, and Mr and Mrs McDonald were ordered to account to Campion for any profits derived by them.