Technomed Ltd & Anr v Bluecrest Health Screening Ltd & Anr, Ch Div (David Stone), 24/8/17

A claim for infringement of copyright and database rights, relating to an internet-based system for analysis of electrocardiogram readings, was upheld. The claimants’ database of ECG variables attracted sui generis database right under art 7 Directive 96/9, and that database was also a work in which copyright subsisted as a literary work and under s.3A(1) CDPA 1988 by reason of the author’s work and judgment in selecting and arranging the data. Further, the claimants’ independently designed XML schema contained content, not just structure, and was entitled to copyright protection. Further, copyright had been infringed in the claimants’ explanatory text and diagrams. Since January 2014 the defendants had been aware that copyright was likely to subsist in the diagrams and explanatory text, and the infringement relating to those works was flagrant within s.97(2) CDPA 1988.