- IP rights in XML formats and schemas and guidance on awarding additional damages (Software Solutions v 365 Health and Wellbeing)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: The Intellectual Property Enterprise Court (IPEC) has handed down a judgment on litigation over a suite of computer software involving mental health self-help tools. At issue were not only the ownership of the software, but also a series of allegations of copyright and database right infringement. The ruling casts further light on the extent to which intellectual property rights can be protected in the context of extensible mark-up language (XML) formats and schemas. It also contains valuable guidance on the factors to be assessed by the court when presented with a claim for additional damages for copyright infringement, together with a ‘cautionary tale’ on the need for precise drafting when excluding retained rights from the scope of IP assignments. Written by Dr Jonathan Cornthwaite, solicitor, consultant at Wedlake Bell LLP, and a member of the University of Bournemouth’s Department of Law.
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