2 posts • joined 18 Apr 2010
From most of the Patent lawsuits I have seen filed over recent years it appears that it is an incredibly slow and costly process.
My guess is that the company first of all has to guess the product might infringe their IP, then get hold of one & deconstruct it to find out how it works and then they would have to prove that the similarities are enough to infringe on patent (In some cases that could be very difficult, or possibly even illegal if, say, the infringement has been encrypted).
Companies such as Apple claim commercial secrecy to keep their competative edge.
- On the other hand when you employ staff who have worked for another company then similarites between the products should be looked at closely in case the employee has "stolen" IP from their previous employer.
There are exceptions to the right to cancel
Re AC - I work in an area that provides both "off the shelf" and custom made solutions, we deal with this sort of thing all the time.
Your "Airfix" example - return of goods is NOT unconditional.
*copied from the distance selling regs act*
(2) The consumer shall be treated as having been under a duty throughout the period prior to cancellation -
(a) to retain possession of the goods, and
(b) to take reasonable care of them.
your example does not show reasonable care - therefore the seller is under no obligation to accept it back.
Exceptions to the right to cancel
13. - (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts -
(c) for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
(d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;
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