Source: All England Reporter
Publisher Citation: [2010] All ER (D) 251 (Jul)
Neutral Citation: [2010] EWHC 1829 (Ch)
Court: Chancery Division
Judge:

Arnold J
Representation Henry Carr QC, Michael Hicks and Guy Hollingworth (instructed by Bristows) for the claimant.
  Martin Howe QC, Robert Onslow and Isabel Jamal (instructed by Speechly Bircham LLP) for the defendant.
Judgment Dates: 23 July 2010

Catchwords

Copyright - Infringement - Computer program - Claimant company in business of developing analytical software known as 'SAS' - Defendant company creating product as alternative to claimant's software - Claimant alleging defendant infringing copyright in its SAS manuals - Claimant further alleging defendant infringing copyright in a version of SAS known as 'Learning Edition' - Claimant alleging defendant infringing copyright in SAS manuals by creating manuals known as 'WPS Guides' - Whether defendant's actions amounting to infringement of claimant's SAS system, SAS manuals and Learning Edition - Berne Convention 1886, art 2 - Council Directive (EEC) 91/250 - Agreement on Trade-related Aspects of Intellectual Property Rights, art 9(2) - World Intellectual Property Organisation Copyright Treaty, arts 2, 4 - European Parliament and Council Directive (EC) 2001/29, art 2(a).

The Case

Copyright Infringement. Having regard to domestic United Kingdom legislation and caselaw, and European caselaw and certain European Union treaties, the Chancery Division ruled on the claimant company's claim against the defendant company for infringement in respect of its analytical software known as 'SAS'.

Practice Areas

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