| Intellectual Property
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Clearsprings Management Ltd v Businesslinx Ltd and Hargreaves
by Steven Walker, Baker & McKenzie
Steven Walker is an Associate practising in the IT and Communications Group Baker & McKenzie, Sydney. He is admitted in NSW, and England and Wales.
Steven Walker discusses the English High Court decision in Clearsprings Management Ltd v Businesslinx Ltd and Hargreaves, in which the court considered the implication of terms in the context of a software development contract. Walker provides a useful summary of the decision, which arose when the contract between the parties failed to adequately deal with copyright ownership. According to Walker, the principle that is reinforced in the Clearsprings decision is that unless there are unique circumstances, it is not usually necessary to imply in favour of a customer an assignment of copyright, or exclusivity, in software. In order to avoid disputes concerning copyright ownership, Walker suggests that parties consider copyright ownership and licensing at the outset, and clearly document the position that is agreed.
Full text to be posted shortly.
September 2005 contents
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