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 program protected by copyright – Reproduction of the functions by a second program without access to the source code of the first program – Decompilation of the object code of the first computer program – Directive 2001/29/EC – Copyright and related rights in the information society – Article 2(a) – User manual for a computer program – Reproduction in another computer program – Infringement of copyright – Condition – Expression of the intellectual creation of the author of the user manual
Judges:
V Skouris, P
Citations:
C-406/10, [2013] BUS LR 941, [2012] EUECJ C-406/10, [2012] WLR(D) 131
Links:
Statutes:
Directive 91/250/EEC 1(2) 5(3)
Jurisdiction:
European
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 . .
At Chd (2) – 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. . .
At 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 . .
Cited by:
ECJ Judgment – 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 . .
ECJ Judgment – SAS Institute Inc v World Programming Ltd CA 21-Nov-2013
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 . .
See Also – 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 . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 23 November 2022; Ref: scu.518368