Defence (database right infringement)
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  • Defence (database right infringement)

Defence (database right infringement)

IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

Case No. [insert number]

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES

INTELLECTUAL PROPERTY LIST (ChD)

[INTELLECTUAL PROPERTY ENTERPRISE COURT]

BETWEEN:

  1. [insert full name of claimant]        Claimant

  1. and

  1. [insert full name of defendant]        Defendant

________________________________________

DEFENCE

________________________________________

    1. 1

      In this Defence, unless otherwise indicated:

      1. 1.1

        paragraph numbers refer to paragraphs of the Particulars of Claim;

      1. 1.2

        defined terms have the same meanings as those specified in the Particulars of Claim, without admission; and

      1. 1.3

        the Defendant denies all allegations made in the Particulars of Claim, save as admitted or not admitted below. The Defendant requires to be proved any matter not addressed specifically in this Defence.

    1. 2

      All documents referred to in this Defence will be referred to at trial for their full terms, meaning and effect.

    The Claimant and Claimant’s Database

    1. 3

      Paragraph 1 is admitted.

    1. 4

      Paragraph 2 is denied. It is denied that the [works, data or other materials] are arranged in a systematic or methodical way and/or are individually accessible by electronic

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