New Case Note: SAS Institute Inc v World Programming Ltd.

I first learned of SAS Institute Inc v World Programming Ltd [2010] EWHC 1829 (Ch) (23 July 2010) from Martin Howe QC at the IP Bar Association garden party last Monday. Martin had been my opponent in Ibcos Computers Ltd v Barclays Mercantile Highland Finance Ltd [1994] FSR. 275 and he told me that he had just been in a case in which Ibcos had been discussed.

The case was reported on 23 July 2010 and I have written a case note about it on our NIPtech blog.   The judge found that he was unable to resolve the case without guidance from the Court of Justice of the European Union and he ordered a reference to the Court under art 267 of the Treaty of the Functioning of the European Union.

The case is nevertheless an important one because the judge concluded that TRIPS and the WIPO Copyright Treaty have changed our law in that they require us to construe the Copyright, Designs and Patents Act 1988 in accordance with those international agreements.  In particular, if Mr. Justice Arnold is right, those agreements require us to import an idea-expression dichotomy into English law.

Does that mean we also have to import Baker v Selden 101 US 99 and Judge Learned Hand’s filtration abstraction test?


About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
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2 Responses to New Case Note: SAS Institute Inc v World Programming Ltd.

  1. William says:

    Nice Information and really helpful. I have also subscribed the RSS of the website to get regular updates, Looking more information on the same.

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  2. samb says:

    Hope not.
    idea/expression confuses everything.

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