Coward v Phaestos Ltd & Ors [2013] EWHC 1292 (Ch) (17 May 2013)

Coward v Phaestos Ltd & Ors [2013] EWHC 1292 (Ch) (17 May 2013)

The court found that the software in question was developed for the purposes of the IKOS partnership business and, by operation of the Partnership Act 1890 and the conduct of the parties, became partnership property. Dr Coward's contributions were made in the context of the partnership, and he did not reserve copyright or assert personal ownership contemporaneously. The partnership agreements, conduct, and subsequent dissolution arrangements transferred rights to the Defendants. No effective revocation of any implied licence occurred. The Defendants' continued use did not infringe Dr Coward's copyright, as he was not the owner. Counterclaims for copyright and database infringement and...

Citation
[2013] EWHC 1292 (Ch)
Parties
Claimant: Martin John Coward; Defendant: Phaestos Limited; Defendant: Mindimaxnox LLP; Defendant: IKOS CIF Limited; Defendant: IKOS Asset Management Limited
Jurisdiction
England and Wales
Judgment Date
17 May 2013
Procedural Posture
Intellectual Property/copyright Dispute / High Court Trial, Judgment
Outcome
Claim dismissed; counterclaims not pursued or resolved by undertakings.
Legal Topics
Copyright in Software, Database Rights, Breach of Confidence, Partnership Property, Ownership of Intellectual Property, Implied Licence, Estoppel, Employee Inventions
Intellectual Property Partnership Law Employment Law Equity and Trusts Copyright in Software Database Rights Breach of Confidence Partnership Property +4 more

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 5 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Martin John Coward

Claimant

Phaestos Limited

Defendant

Mindimaxnox LLP

Defendant

IKOS CIF Limited

Defendant

IKOS Asset Management Limited

Defendant

Procedural Posture

Intellectual Property/copyright Dispute / High Court Trial, Judgment

Legal Issues

  1. 1 Whether Dr Coward owns the copyright in the Coward Software or whether it is partnership property of IKOS Partners or owned by the Defendants
  2. 2 Whether the Defendants' continued use of the Coward Software amounts to copyright infringement
  3. 3 Whether Dr Coward granted an irrevocable licence to the IKOS business

Ratio Decidendi

The court found that the software in question was developed for the purposes of the IKOS partnership business and, by operation of the Partnership Act 1890 and the conduct of the parties, became partnership property. Dr Coward's contributions were made in the context of the partnership, and he did not reserve copyright or assert personal ownership contemporaneously. The partnership agreements, conduct, and subsequent dissolution arrangements transferred rights to the Defendants. No effective revocation of any implied licence occurred. The Defendants' continued use did not infringe Dr Coward's copyright, as he was not the owner. Counterclaims for copyright and database infringement and...

Court Disposition

Claim dismissed; counterclaims not pursued or resolved by undertakings.

Orders

  • Dr Coward's claim to copyright ownership in the Coward Software is dismissed.
  • No finding of copyright infringement by the Defendants.