Protecting software and confidential information

✍ Scribed by John Warchus

• Publisher: Elsevier Science
• Year: 1999
• Tongue: English
• Weight: 234 KB
• Volume: 15
• Category: Article
• ISSN: 0267-3649
• DOI: 10.1016/s0267-3649(99)80075-2

✦ Synopsis

This important recent decision has illustrated the approach taken by English Courts to allegations of infringement of copyright in software programs and has also explained the use which can be made by former employees of confidential information in an IT setting.

The main parties to this action were both inter-deal brokers in bonds whose business was heavily dependent upon the operation of computer programs. The Claimant alleged that copyright in its bond-broking software had been infringed when a number of its directors and programmers left to join the defendant company and developed a rival broking system.The Managing Director and programmers were joined as additional defendants. Although the Claimant was partly successful in its allegations of infringement of copyright and breach of confidential information, the judgment of Mr Justice Pumfrey given on 15 April 1999 indicates that Tradition was, overall, the successful party. Unfortunately, the Judgment does not record the actual award of damages made.