- Alert: High Court finds infringement of database right and copyright (Technomed v Bluecrest)
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IP analysis: The High Court has upheld a claim for infringement of database right and copyright in an electrocardiogram (ECG) analysis and reporting system known as ECG Cloud. The claimants asserted sui generis database right in the database underpinning the system. They also asserted copyright in the database, in an extensible mark-up language file with a standardised format used to generate reports, in explanatory text providing information to patients and general information about ECG screening, and in certain diagrams used in conjunction with the system. The court held that both copyright and database right subsisted in the underlying database and that they had been infringed. It upheld all of the other claims of copyright infringement, with the exception of two specific explanatory definitions. Having considered the defendants’ internal correspondence, the court held that certain of the acts of infringement had been flagrant. It was not persuaded by the defendants’ case as to lack of causation (ie that the alleged infringement had not in fact caused damage to the claimants). The court concluded that there was no realistic threat of further infringement.
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