- Court of Appeal ruling on ownership of copyright in software created in ‘personal time’ (Penhallurick v MD5 Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: The Court of Appeal has upheld the decision of the Intellectual Property Enterprise Court (IPEC) in Penhallurick v MD5 Ltd which rejected a claim for copyright infringement in respect of a number of literary works consisting of computer software. The appeal largely focused on whether there had been assignment of copyright by Mr Penhallurick to MD5 Ltd by virtue of a contested ‘November 2008 Agreement’. Lord Justice Arnold also commented on the types of cases suitable for the IPEC, and how parties should deal with cases which evolve into something considerably more complex than originally envisaged. Written by Lucy Marlow, senior associate at JMW Solicitors LLP.
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