ECJ (Grand Chamber) Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer . .
ECJ Opinion – Intellectual property – Directive 91/250/EEC – Directive 2001/29/EC – Legal protection of computer programs – Creation of various programs including the functionalities of another computer program . .
ECJ Opinion – Intellectual Property – Directive 91/250/EEC – Legal protection of computer programs – Definition of ‘all forms of expression of a computer program’ – Inclusion of the GUI program – Copyright – . .
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software language and system for statistical analysis, together with supporting manuals. The defendants … Continue reading SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013
The parties disputed the extent to which elements of the claimant’s software package could be used by the defendants. SAS had written software including its own computer language to create a data processing environment. The defendants had wanted to produce software it could sell in competition which, for the same inputs would produce the same … Continue reading SAS Institute Inc v World Programming Ltd: ChD 25 Jan 2013
ECJ Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Notion of ‘expression in any form of a computer program’ – Inclusion or non-inclusion of a program’s graphic user interface – Copyright – Directive 2001/29/EC – Copyrights and related rights in the information society – Television broadcasting of a graphic user interface … Continue reading Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany: ECJ 22 Dec 2010
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
No resale of backup copies of software (Judgment) Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 91/250/EEC – Article 4(a) and (c) – Article 5(1) and (2) – Directive 2009/24/EC – Article 4(1) and (2) – Article 5(1) and (2) – Legal protection of computer programs – Resale … Continue reading Ranks And Vasilevics and others v Microsoft Corp: ECJ 12 Oct 2016
Appeal from refusal of continuance of anti-suit injunction . .
Post judgment orders . .
SAS sought to enforce its North Carolina judgment which was contrary to decisions already made by the UK and European Courts.
Held: Cockerill J held that the terms of the contract which purported to prohibit WPL’s conduct constituted a . .
Continuation of anti-suit injunction – refused . .
The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty between ‘expressions’ and ‘ideas, procedures, methods of operation and mathematical concepts as such’ on domestic copyright . .
The parties sought to agree the terms of a reference to the European Court of Justice. . .