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 had produced software which was intended to mimic SAS software in part. SAS alleged copyright infringement.
Held: (a) if expression is dictated by technical function then the criterion of originality is not satisfied; and (b) where that is the case, the product is not an intellectual creation of the author at all.
The essence of the term ‘own intellectual creation’ is that the person in question ‘has exercised expressive and creative choices in producing the work’
Judges:
Tomlimson, Lewison, Vos LJJ
Citations:
[2013] EWCA Civ 1482, [2014] RPC 8, [2015] ECDR 17
Links:
Statutes:
Agreement on Trade-Related Aspects of Intellectual Property Rights, World Intellectual Property Organisation Copyright Treaty, Council Directive 91/250/EEC, Council Directive 2001/29/EC, Copyright Designs and Patents Act 1988 16(3)
Jurisdiction:
England and Wales
Citing:
At ChD (1) – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010
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 . .
Reference – SAS Institute Inc v World Programming Ltd ChD 22-Nov-2010
The parties sought to agree the terms of a reference to the European Court of Justice. . .
ECJ Opinion – SAS Institute Inc v World Programming Ltd ECJ 29-Nov-2011
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 Judgment – SAS Institute Inc v World Programming Ltd ECJ 2-May-2012
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 . .
ChD (3) – SAS Institute Inc v World Programming Ltd ChD 25-Jan-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 . .
Cited – Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany ECJ 22-Dec-2010
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 . .
Cited – Infopaq International v Danske Dagblades Forening ECJ 17-Jul-2009
ECJ Copyright Information society – Directive 2001/29/EC Articles 2 and 5 – Literary and artistic works – Concept of ‘reproduction’ Reproduction ‘in part’ Reproduction of short extracts of literary works – . .
Cited – Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany ECJ 14-Oct-2010
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 – . .
Cited – Football Dataco And Others v Yahoo UK Ltd etc ECJ 15-Dec-2011
ECJ Opinion of Advocate General Mengozzi – Directive 96/9/EC – Legal protection of databases – Football league fixture lists – Copyright
No copyright subsisted in databases set up according to technical . .
Cited – Nova Productions Ltd v Mazooma Games Ltd and others ChD 20-Jan-2006
The claimant alleged copyright infringement in respect of computer games in the coin operated video market. It was said not that the games copied bitmap graphics, but rather the composite frames which appeared on the screen.
Held: The games . .
Cited by:
Cited – SAS Institute Inc v World Programming Ltd ComC 13-Dec-2018
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 . .
See Also – SAS Institute Inc v World Programming Ltd (2495) ComC 25-Sep-2019
Post judgment orders . .
See Also – SAS Institute Inc v World Programming Ltd (Injunction) ComC 25-Sep-2019
Continuation of anti-suit injunction – refused . .
See Also – SAS Institute Inc v World Programming Ltd CA 12-May-2020
Appeal from refusal of continuance of anti-suit injunction . .
Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 24 July 2022; Ref: scu.518323
