Meridian International Services Ltd v Richardson & Ors

Meridian International Services Ltd v Richardson & Ors

Meridian International failed to establish, on the facts and evidence, that there was any express or implied term of the January 2006 agreement assigning copyright in StratX to it. The evidence of its witnesses was unreliable, and the circumstances did not meet the strict necessity test for implying such a term. The legal and equitable ownership of copyright in StratX remained with IP Enterprises.

Parties
Claimant: Meridian International Services Limited; First Defendant: Ian Richardson; Second Defendant: IP Enterprises Limited; Third Defendant: Peter Aldersley
Jurisdiction
England and Wales
Judgment Date
18 October 2007
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed; declaration in favour of defendants on copyright ownership
Legal Topics
Copyright Ownership, Implied Terms, Assignment of Copyright, Software Development Agreements
Intellectual Property Contract Copyright Ownership Implied Terms Assignment of Copyright Software Development Agreements

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Parties

Meridian International Services Limited

Claimant

Ian Richardson

First Defendant

IP Enterprises Limited

Second Defendant

Peter Aldersley

Third Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether there was an express or implied term assigning copyright in StratX to Meridian International
  2. 2 Whether Meridian International is entitled to return of equipment
  3. 3 Whether CHUK had a perpetual licence to use StratX

Ratio Decidendi

Meridian International failed to establish, on the facts and evidence, that there was any express or implied term of the January 2006 agreement assigning copyright in StratX to it. The evidence of its witnesses was unreliable, and the circumstances did not meet the strict necessity test for implying such a term. The legal and equitable ownership of copyright in StratX remained with IP Enterprises.

Court Disposition

Claim dismissed; declaration in favour of defendants on copyright ownership

Orders

  • Declaration that IP Enterprises is the legal and equitable owner of all copyright in StratX
  • Ancillary relief to be agreed by counsel or determined by the court if not agreed