Profile Software Ltd v. Becogent Ltd [2005] ScotCS CSOH_28 (16 February 2005)

Profile Software Ltd v. Becogent Ltd [2005] ScotCS CSOH_28 (16 February 2005)

The assignation of 'such right, title and interest' in the copyright by Coranta to the pursuers included the right to enforce the continuing obligations of licensees under the software licence. The licence was essentially a copyright licence, and the commercial context and language of the assignation and licence indicated that the pursuers, as copyright owners, had both title and interest to enforce the licence. Clause 12.3 of the licence did not reserve enforcement rights to the assignor, and the construction advanced by the defenders would lead to an absurd result where no party had both title and interest to enforce the licence.

Citation
[2005] ScotCS CSOH_28
Parties
Pursuer: Profile Software Limited; Defender: Becogent Limited
Jurisdiction
Scotland
Judgment Date
16 February 2005
Procedural Posture
Civil / Preliminary Proof on Title to Sue
Outcome
Defenders' first and fourth pleas-in-law repelled; pursuers have title to sue for implement of the licence.
Legal Topics
Copyright Infringement, Software Licensing, Assignment of Rights, Enforcement of Licence Obligations
Intellectual Property Contract Copyright Infringement Software Licensing Assignment of Rights Enforcement of Licence Obligations

Case Brief

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Parties

Profile Software Limited

Pursuer

Becogent Limited

Defender

Procedural Posture

Civil / Preliminary Proof on Title to Sue

Legal Issues

  1. 1 Whether the pursuers have title to sue for implement of the software licence agreement against the defenders after assignment of copyright and related rights.

Ratio Decidendi

The assignation of 'such right, title and interest' in the copyright by Coranta to the pursuers included the right to enforce the continuing obligations of licensees under the software licence. The licence was essentially a copyright licence, and the commercial context and language of the assignation and licence indicated that the pursuers, as copyright owners, had both title and interest to enforce the licence. Clause 12.3 of the licence did not reserve enforcement rights to the assignor, and the construction advanced by the defenders would lead to an absurd result where no party had both title and interest to enforce the licence.

Court Disposition

Defenders' first and fourth pleas-in-law repelled; pursuers have title to sue for implement of the licence.

Orders

  • Further procedural hearing to be fixed to discuss further progress of the action.