Copyright infringement—the own intellectual creation test and admissions (THJ Systems Ltd and another v Sheridan and another)

Article summary

IP analysis: The Court of Appeal held that while the wrong test had been applied at first instance, the High Court was ultimately correct in its finding that copyright subsisted in various elements of the graphic interface of a software programme. The court further held that it was not open to the defendants to defend the claim for infringement on the basis of there being no communication in the UK, in light of their pleaded case and the admission they had made. This judgment will be of particular interest to those specialising in intellectual property law. It offers a helpful confirmation of the correct test and how this should be applied when determining issues of copyright subsistence, particularly in the context of software claims or claims relating to artistic works. More generally, the judgment is a stark reminder of the potential consequences of admissions and the importance of the parties’ statements of case addressing all...