The following IP precedent produced in partnership with Laura Wright of 4 Pump Court provides comprehensive and up to date legal information covering:
Case No. [insert claim number]
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES
INTELLECTUAL PROPERTY LIST (ChD)
[INTELLECTUAL PROPERTY ENTERPRISE COURT]
[insert full name of claimant] Claimant
[insert full name of defendant] Defendant
UPON the trial of action [insert claim number] before [Mr OR Mrs OR Miss OR [insert other]] Justice [insert name] on [insert trial date];
AND UPON hearing [insert name] of Counsel for the Claimant(s) and [insert name] of Counsel for the Defendant(s);
AND UPON the Court giving judgment in the action on [insert date];
AND UPON the Court finding for the Claimant in respect of its claims for database right infringement;
[AND UPON the Court finding against the Defendant in respect of its counterclaim for [insert details of counterclaim];]
IT IS ORDERED THAT:
Database right subsists in the [insert details of the database] and is owned by the Claimant.
[Insert details of defendant’s acts] constitute [an act of OR acts of] infringement of the Claimant’s database right.
The Defendant shall not (whether acting by its directors, officers, employees, agents or otherwise howsoever) infringe the Claimant’s database right.
Delivery up or destruction
Within 28 days of the date of this Order the Defendant shall, at its own expense and at the election of the Claimant, either;
deliver up and forfeit to the Claimant, to an address in the United Kingdom to be nominated
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care
Capital allowances on property sales—pre-contract enquiriesThis Practice Note is about capital allowance-related pre-contract enquiries on a property transfer. It applies to the grant of a new property interest (eg a lease) as well as to the acquisition of an existing lease or freehold.For clauses
Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions
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)
0330 161 1234