NIPC Law

Jane Lambert   Intellectual Property Enterprise Court (Judge Melissa Clarke) Software Solutions Ltd and others v 365 Health and Wellbeing Ltd. and another [2021] EWHC 237 (IPEC) (9 Feb 2021) This was an action for copyright and database right infringement. The work that was alleged to have been infringed was what Her Honour Judge Melissa Clarke called "a computer application development framework" known as the "Integrated Development Environment for Applications" ("IDEA"). In other words, a tool for developing software. The first application ever to be created with the use of that tool was a mental health application called "Beating the Blues" ("BTB"). It was not disputed that copyright subsisted in the IDEA system, in each of its components and in its source code and that such copyrights belonged to the first claimant. It was also common ground that BTB reproduced the IDEA System source code materials. The claimants alleged that the d...

Author Jaggery Licence: Creative Commons Attribution-Share Alike 2-0 Source Wikipedia Jane Lambert Pablo Star Media Ltd v Bowen [2017] EWHC 2541 (IPEC) (13 Oct 2017) The above photograph is of a pub in Tenby where Dylan Thomas left the manuscript of Under Milk Wood   on a stool.   Under Milk Wood is a radio play about the residents of a fictional village called Llareggub. I am told by those proficient in the language that Llareggub means nothing at all in Welsh but the letters do mean something in English if the spelling is reversed. "Llar eggub"    less the first 3 letters spelt backwoods with the addition of the particle "-ation" I thought of Llareggub when I read Judge Hacon's judgment in the appeal from Deputy District Judge Vary's decision in Pablo Star Media Ltd v Bowen [2017] EWHC 2541 (IPEC) (13 Oct 2017) where the learned Enterprise Judge dismissed a copyright owner's appeal against Deputy District Judge Vary...

Jane Lambert High Court, Chancery Division,  Technomed Ltd and Another v Bluecrest Health Screening Ltd and Another    [2017] EWHC 2142 (Ch) (24 Aug 2017)  Coram David Stone  sitting as a judge of the High Court This was an action for infringement of database right and copyright in an electrocardiogram ("ECG") analysis and reporting system known as ECG Cloud. The System The claimants, Technomed Ltd. and Technomed Telemedicine Ltd. , had developed the system. The companies supply ECG equipment and use the ECG Cloud to analyse ECG readings and report the results to doctors or health screening companies such as the first defendant Bluecrest Health Screening Ltd . ( "Bluecrest" ). Mr Stone, who tried the action, described the operation of the system as follows at para [26] of his judgment: "the process of using ECG Cloud starts with a mobile ECG machine which takes a reading from a patient. The patient data are then...