Burrows v Smith & Anor

Burrows v Smith & Anor

The claimant failed to establish that the idea was imparted in circumstances importing an obligation of confidence, failed to show copyright infringement by the defendants, and failed to prove personal responsibility of Mr Smith. The employment contract vested any relevant intellectual property rights in the employer, and no actionable breach or infringement was established.

Parties
Claimant: Stuart Jeremy Burrows; First Defendant: Adrian Emmett Smith; Second Defendant: Crush Digital Media Limited
Jurisdiction
England and Wales
Judgment Date
20 January 2010
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Copyright Infringement, Breach of Confidence, Ownership of Intellectual Property, Employment Contract Interpretation
Intellectual Property Employment Law Copyright Infringement Breach of Confidence Ownership of Intellectual Property Employment Contract Interpretation

Case Brief

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Parties

Stuart Jeremy Burrows

Claimant

Adrian Emmett Smith

First Defendant

Crush Digital Media Limited

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant's idea for a computer game was protected by confidence
  2. 2 Whether copyright in the claimant's document was infringed by the defendants
  3. 3 Whether the employment contract assigned intellectual property rights to the employer

Ratio Decidendi

The claimant failed to establish that the idea was imparted in circumstances importing an obligation of confidence, failed to show copyright infringement by the defendants, and failed to prove personal responsibility of Mr Smith. The employment contract vested any relevant intellectual property rights in the employer, and no actionable breach or infringement was established.

Court Disposition

Claim dismissed