*Elsworth Ethanol Company Ltd and another v Hartley and others

Company – Director. The claimants brought proceedings seeking the transfer of ownership of a European patent, and associated applications and patents. They alleged that certain defendants, whilst acting as de facto directors of the first claimant company, had, through the first defendant, applied for the patent in the name of another company, allegedly in breach of agreements with the claimants. The Intellectual Property Enterprise Court dismissed the claims where there was no evidence that the first three defendants had acted as de facto directors of the first claimant company and, accordingly, that there had been no breach of fiduciary duties. Further, there was no evidence of binding agreements as alleged.

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