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

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)

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 [name of maker], [an employee

of the Claimant during the course of their employment by the Claimant]]
  1. .

  1. 4

    In or around [relevant date] the [Claimant OR [name of maker]] made a substantial investment in [obtaining, verifying or presenting the contents of the Database] in that [description of how the contents of the Database were obtained, verified or presented by the maker]. Database right subsists in the Database.

  1. 5

    The Claimant is and has at all material times been the [maker AND/OR owner] of the database right in the Database.

  1. 6

    [[Name of maker] assigned the database right in the Database to the Claimant by an assignment dated [insert date], a copy of which is attached hereto at Annex [insert number].]

  1. 7

    The Database qualifies for database right protection in that [insert details of qualification of maker/right holder].

The Defendant

  1. 8

    The Defendant has at all material times been [insert details of defendant]. The Defendant is in the business of [type of business carried out].

  1. 9

    On about [insert date] the Claimant discovered that the Defendant was [insert details of infringing act(s)]. These acts constitute the extraction and/or re-utilisation of all, alternatively a substantial part of, the contents of the Database.

  1. 10

    The Defendant has carried out the acts referred to in paragraph 9 in relation to the Database or a substantial part thereof without the consent of the Claimant, the owner of the database right in the Database.

  1. 11

    [The Claimant[’s solicitors] sent to the Defendant on [insert date] a letter requesting undertakings. No [satisfactory] response was received to that letter. Copies of this correspondence are attached to these Particulars of Claim as Annex [insert number].

  1. 12

    As at [insert date] the Claimant had still not received a response [and OR or] signed undertakings from the Defendant.]

Infringement of database right in the Database

  1. 13

    The Defendant has infringed the database right in the Database.

PARTICULARS OF INFRINGEMENT

  1. 14

    The Claimant does not presently know of all of the Defendant’s acts of database right infringement. At trial the Claimant will seek a remedy for all acts infringement of the database right in the Database by the Defendant.

  1. 15

    Pending disclosure and further investigation, the Claimant relies upon the following facts and matters in support of its claim for infringement:

    1. 15.1

      [insert specific details of infringement into sub-paragraphs]

PARTICULARS OF KNOWLEDGE

  1. 16

    Pending disclosure and further investigation, the Claimant relies upon the following facts and matters:

    1. 16.1

      [insert particulars of knowledge and reason to believe into sub-paragraphs]

PARTICULARS OF LOSS

  1. 17

    1. By carrying out such acts, the Defendant has infringed the database right in the Database and has thereby caused the Claimant to suffer loss and damage.

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