NIPC Law

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...

In Forensic Telecommunications Services Ltd v West Yorkshire Police and Another [2011] EWHC 2892 (Ch) (9 November 2011) the claimant company ("FTS") complained that the West Yorkshire Police and one of the force's former detective constables had infringed its copyright, alternatively its database right, in certain tables of data referred to as "the PM Abs Lists" and had misused information consisting of the data in those tables that was alleged to have been disclosed to them in confidence. In an 142 paragraph judgment that discussed every aspect of copyright and database law from TRIPS to the interpretation of EU directives, Mr Justice Arnold threw out the claim for copyright infringement on the ground that copyright did not subsist in "the PM Abs Lists" but allowed the claim for database right infringement and breach of confidence. In the last paragraph of his judgment, his lordship said: "I cannot part from this case without expressing my con...