Meridian International Services Ltd v Richardson & Ors [2007] EWHC 2539 (Ch) (18 October 2007)

Meridian International Services Ltd v Richardson & Ors [2007] EWHC 2539 (Ch) (18 October 2007)

Meridian International failed to establish either an express or implied term assigning copyright in StratX to it; the evidence did not support such a term, and the strict test for implication of terms was not met. IP Enterprises, through Mr Aldersley, remained the legal and equitable owner of the copyright.

Source-derived case information.

Citation
[2007] EWHC 2539 (Ch)
Parties
Claimant: Meridian International Services Limited; Defendant: Ian Richardson; Defendant: IP Enterprises Limited; Defendant: Peter Aldersley
Jurisdiction
England and Wales
Judgment Date
18 October 2007
Procedural Posture
Chancery Division Intellectual Property Dispute / Final Judgment After Trial
Outcome
Claim dismissed; declaration in favour of defendants
Legal Topics
Copyright Ownership, Implied Terms, Assignment of Rights, Software Development Agreements, Breach of Contract
Intellectual Property Contract Law Copyright Ownership Implied Terms Assignment of Rights Software Development Agreements Breach of Contract

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Parties

Meridian International Services Limited

Claimant

Ian Richardson

Defendant

IP Enterprises Limited

Defendant

Peter Aldersley

Defendant

Procedural Posture

Chancery Division Intellectual Property Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether Meridian International was entitled to ownership of copyright in the StratX software under an express or implied term of the January 2006 agreement
  2. 2 Whether a term should be implied assigning copyright to Meridian International
  3. 3 Whether IP Enterprises is the legal and equitable owner of the copyright in StratX

Ratio Decidendi

Meridian International failed to establish either an express or implied term assigning copyright in StratX to it; the evidence did not support such a term, and the strict test for implication of terms was not met. IP Enterprises, through Mr Aldersley, remained the legal and equitable owner of the copyright.

Court Disposition

Claim dismissed; declaration in favour of defendants

Orders

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