powered by LexisPSL

Home / Commercial / Contracts / Formation and interpretation

Legal News

Court of Appeal ruling on ownership of copyright in software created in ‘personal time’ (Penhallurick v MD5 Ltd)

Published on: 09 December 2021

Published by: LexisPSL

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

Article summary

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. Sign in or take a trial to read the full analysis.

Popular documents

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedingsHow to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements.There must be:•a statement•made out of court•relied on for the truth of the matter stated,

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international

Provisional sums

Provisional sums

Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an amount inserted in a bill of quantities, or contract sum analysis, to cover certain items of work that cannot be accurately defined, detailed or valued

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)