Beechwood House Publishing Ltd (t/a Binley's) v Guardian Products Ltd & Anor [2010] EWPCC 012 (26 October 2010)

Beechwood House Publishing Ltd (t/a Binley's) v Guardian Products Ltd & Anor [2010] EWPCC 012 (26 October 2010)

No binding settlement agreement was reached as the correspondence was 'subject to contract' and no agreement on costs was concluded; summary judgment granted for the claimant on subsistence and ownership of database right, but refused on infringement as there was insufficient evidence that a substantial part of the database was extracted.

Citation
[2010] EWPCC 012
Parties
Claimant: Beechwood House Publishing Limited T/A Binley's; First Defendant: Guardian Products Limited; Second Defendant: Precision Direct Marketing Limited
Jurisdiction
England and Wales
Judgment Date
26 October 2010
Procedural Posture
Intellectual Property Database Right Infringement / Summary Judgment Application and Determination of Settlement Issue
Outcome
Summary judgment granted in part for the claimant (subsistence and ownership of database right); refused on infringement; no settlement found; case to proceed.
Legal Topics
Database Right, Sui Generis Right, Settlement Agreements, Summary Judgment, Estoppel
Intellectual Property Contract Database Right Sui Generis Right Settlement Agreements Summary Judgment Estoppel

Case Brief

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Parties

Beechwood House Publishing Limited T/A Binley's

Claimant

Guardian Products Limited

First Defendant

Precision Direct Marketing Limited

Second Defendant

Procedural Posture

Intellectual Property Database Right Infringement / Summary Judgment Application and Determination of Settlement Issue

Legal Issues

  1. 1 Whether the parties entered into a binding settlement agreement
  2. 2 Whether the claimant is the owner of database right and if it subsists
  3. 3 Whether the defendants infringed the claimant's database right by extracting a substantial part of the database

Ratio Decidendi

No binding settlement agreement was reached as the correspondence was 'subject to contract' and no agreement on costs was concluded; summary judgment granted for the claimant on subsistence and ownership of database right, but refused on infringement as there was insufficient evidence that a substantial part of the database was extracted.

Court Disposition

Summary judgment granted in part for the claimant (subsistence and ownership of database right); refused on infringement; no settlement found; case to proceed.

Orders

  • Summary judgment for claimant on subsistence and ownership of database right
  • Application for summary judgment on infringement refused