Case Nos: IL-2023-000080 and IL-2024-000038 - [2025] EWHC 2561 (Ch)
Fecha: 10-Oct-2025
Database right
Database right
Subsistence and ownership of database right
Mr Blanchard gave evidence about how he created the GBR Database, beginning with the PAF for which he purchased a licence from RMG in early 2013. Mr Blanchard worked on the raw data to make a usable and searchable database, writing his own specialist software to assist in this. He offered Ideal Postcodes to his first customer in August 2013.
Over the next 10 years or so Mr Blanchard integrated further address data from sources other than the PAF. The GBR Database was also updated on a daily basis, with work done on modifying the data to correct for errors and to provide for more efficient searching and retrieval. By the end of 2024 Mr Blanchard had enlisted two software developers to assist in the work. None of this was challenged in cross-examination.
I find that at all material times since immediately before Mr Smith’s first access to the GBR Database there was a substantial investment in obtaining, verifying and presenting the contents of the PAF and then the GBR Database as developed from the PAF. Database right has throughout that period subsisted in the GBR Database.
The individual who carried out the investment concerned was Mr Blanchard. In its Particulars of Claim IDDQD pleaded reliance on confirmatory deeds of assignment by which the database right in the GBR Database was assigned to IDDQD. The defendants did not admit ownership but no point was taken at the trial. I find that the database right is owned by IDDQD.
- Heading
- Judge Hacon
- Interim appeals
- Representation
- The defendants’ skeleton arguments
- Applications during the trial
- The witnesses
- Database Right – the law
- Application of EU law
- Definition of database
- Subsistence
- Ownership
- Infringement
- Substantiality
- Extraction
- Re-utilisation
- Consultation
- Consent
- Regulation 19 of The Database Regulations
- EU law and estoppel, laches and acquiescence
- Copyright – the law
- Applicability of EU law
- Subsistence of copyright in a database
- Transitional provisions
- The consequence of amendments to a database
- Ownership of copyright
- Infringement of copyright
- Issuing copies to the public
- Communication to the public
- Making an adaptation
- Authorisation
- Use of the PAF by RMG
- The defendants’ case in summary
- RMG’s claim in summary
- Database Right
- The creation and maintenance of the GetAddress Database
- Consultation
- Whether the defendants had a licence granted by RMG
- The relevance of RMG’s End User Terms
- Whether RMG otherwise consented to use of the PAF
- Regulation 19 of the Database Regulations
- The Consumer Rights Act 2015
- Restraint of trade
- Copyright
- Subsistence and ownership
- Infringement
- Limitation
- Joint liability
- Additional damages
- IDDQD’s claim
- Database right
- The contracting party in the agreement with IDDQD
- Whether either RMG’s or IDDQD’s licence extended to Codeberry
- Whether the acts of the defendants were licensed under IDDQD’s terms
- Regulation 19 of The Database Regulations
- The Consumer Rights Act 2015
- Infringement of database right
- Joint liability
- Breach of contract
- Cause of action in respect of the RMG EUT
- Breach of the RMG EUT
- Clarity of the RMG EUT
- Restraint of trade
- Conclusions