Entries Tagged 'Intellectual Property' ↓

In the case of Point Solutions Limited v Focus Business Solutions Limited and another [2007] EWCA Civ 14 [from BAILII], Point Solutions were appealing the decision to decline their request for a declaration that they had not infringed the IPR of Focus in developing its software.  Point had had access to Focus’ software during a period of providing outsourcing services to Focus.

The court found that without the instruction of an expert to assess whether there had been any infringement, and for a number of other reasons, Point had not been able to satisfy the court that it had independently created the software.  There was no reason for Point to require the declaration - Point could alternatively resolve the dispute by appointing an independent expert to determine whether or not copying had taken place.

In what was all in all an unsatisfactory judgement, Chadwick LJ pointed out that the case could have been avoided if the parties had simply appointed a joint expert as ordered by an earlier hearing - without this, insufficient evidence was placed before the court to enable it to make such a declaration.

The European Commission’s Internal Market Directorate-General commissioned a report, now published, into Copyright and Related Rights for the Knowledge Economy. With the full report running to over 300 pages, I’d recommend taking a look only at the executive summary. They have grappled with a whole range of issues relating to the changing ways in which we use information, and the international nature of that use. However, 15 years of harmonisation in the EU has, according to the report, brought both benefits and drawbacks.