Particulars of claim (database right infringement)
Produced in partnership with Laura Wright of 4 Pump Court

The following IP precedent produced in partnership with Laura Wright of 4 Pump Court provides comprehensive and up to date legal information covering:

  • Particulars of claim (database right infringement)

Particulars of claim (database right infringement)

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin 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

________________________________________

PARTICULARS OF CLAIM

________________________________________

The Claimant

    1. 1

      The Claimant is and has at all material times been [insert details of claimant]. The Claimant’s principal business activity is [insert type of business carried out]. In particular, the Claimant [insert brief description of claimant’s business relating to the database].

    The Claimant’s Database

    1. 2

      The database is a collection of independent [works, data or other materials] which are arranged in a systematic or methodical way and are individually accessible by [electronic or other means]. The database consists of data relating to [insert details of relevant database eg description of contents] (the Database).

    1. 3

      The Database was created by [the Claimant OR

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