Clearsprings Management Ltd v (Businesslinx Ltd & Anor [2005] EWHC 1487 (Ch) (14 July 2005)

Clearsprings Management Ltd v (Businesslinx Ltd & Anor [2005] EWHC 1487 (Ch) (14 July 2005)

It was not necessary to imply a term assigning copyright or granting an exclusive licence to CSM; the only terms necessary to give business efficacy were a non-exclusive, perpetual, irrevocable, royalty-free licence for CSM to use, repair, maintain, and upgrade the CMIS system for its business, with no right to sub-license.

Citation
[2005] EWHC 1487 (Ch)
Parties
Claimant: Clearsprings Management Limited; First Defendant: BusinessLinx Limited; Second Defendant: Mark Hargreaves
Jurisdiction
England and Wales
Judgment Date
14 July 2005
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
CSM has a non-exclusive, personal, perpetual, irrevocable, royalty-free licence to use, repair, maintain, and upgrade the CMIS system for its business, with no right to sub-license; no assignment or exclusive licence implied.
Legal Topics
Copyright Ownership, Implied Terms, Software Development Agreements, Licensing Rights
Intellectual Property Contract Copyright Ownership Implied Terms Software Development Agreements Licensing Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Clearsprings Management Limited

Claimant

BusinessLinx Limited

First Defendant

Mark Hargreaves

Second Defendant

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the claimant is entitled to an assignment or exclusive licence of copyright in the CMIS software
  2. 2 Whether the claimant has a right to sub-license the CMIS software to third parties

Ratio Decidendi

It was not necessary to imply a term assigning copyright or granting an exclusive licence to CSM; the only terms necessary to give business efficacy were a non-exclusive, perpetual, irrevocable, royalty-free licence for CSM to use, repair, maintain, and upgrade the CMIS system for its business, with no right to sub-license.

Court Disposition

CSM has a non-exclusive, personal, perpetual, irrevocable, royalty-free licence to use, repair, maintain, and upgrade the CMIS system for its business, with no right to sub-license; no assignment or exclusive licence implied.