Court of Appeal Wellington
22, 23 April 1991
Cooke P, Hardie Boys, Thorpe JJ
22, 23 April 1991
Cooke P, Hardie Boys, Thorpe JJ
Patents — Application — Compulsory licences — Prima facie case for grant of licence found by Commissioner of Patents and application advertised — Patentee applied for judicial review of commissioner's decision — Whether sufficient evidence for commissioner's finding — Whether judicial review available — Nature of applications under s 51 of the Patents Act 1953 - Attitude of commissioner and Courts to applications which have the effect of delaying issue of licences — Patents Act 1953, ss 51 and 52.
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