Technomed Ltd & Anor v Bluecrest Health Screening Ltd & Anor

Technomed Ltd & Anor v Bluecrest Health Screening Ltd & Anor

Sui generis database right and copyright subsist in Technomed’s Database, XML Format, Explanatory Materials, Patient Definitions, and diagrams. Bluecrest and Express infringed these rights by copying and using the works without authorisation until the dates when the materials were sufficiently changed. The infringement of the Explanatory Materials, Two Hearts Diagram, and Wave Diagram was flagrant. There is no ongoing threat of infringement.

Parties
Claimant: Technomed Limited; Claimant: Technomed Telemedicine Limited; Defendant: Bluecrest Health Screening Limited; Defendant: Express Diagnostics Limited t/a Cardio Analytics
Jurisdiction
England and Wales
Judgment Date
24 August 2017
Procedural Posture
Intellectual Property / Judgment on Liability (database Right and Copyright Infringement)
Outcome
Claim allowed in part; liability for infringement established; damages/account of profits to be determined.
Legal Topics
Database Right, Copyright Infringement, Artistic Works, Literary Works, Preparatory Design Material, Damages, Flagrancy
Intellectual Property Database Right Copyright Infringement Artistic Works Literary Works Preparatory Design Material Damages Flagrancy

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Parties

Technomed Limited

Claimant

Technomed Telemedicine Limited

Claimant

Bluecrest Health Screening Limited

Defendant

Express Diagnostics Limited t/a Cardio Analytics

Defendant

Procedural Posture

Intellectual Property / Judgment on Liability (database Right and Copyright Infringement)

Legal Issues

  1. 1 Does sui generis database right subsist in the Database?
  2. 2 Was the database right infringed?
  3. 3 Does copyright subsist in the Database as a database?

Ratio Decidendi

Sui generis database right and copyright subsist in Technomed’s Database, XML Format, Explanatory Materials, Patient Definitions, and diagrams. Bluecrest and Express infringed these rights by copying and using the works without authorisation until the dates when the materials were sufficiently changed. The infringement of the Explanatory Materials, Two Hearts Diagram, and Wave Diagram was flagrant. There is no ongoing threat of infringement.

Court Disposition

Claim allowed in part; liability for infringement established; damages/account of profits to be determined.

Orders

  • Declaration of infringement of database right and copyright as specified in the judgment
  • Declaration of flagrancy for Explanatory Materials, Two Hearts Diagram, and Wave Diagram