QLD What is Considered Evidence by Law?

Discussion in 'Intellectual Property Law Forum' started by Peter6, 10 April 2019.

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  1. Peter6

    Peter6 Well-Known Member

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    I found my confidential information (IP) was used in the software released by a company. I exposed it during our talk on commercialisation via webinar. My lawyer said the screenshot of software from the webinar is not enough as evidence. I am confused about what can be considered as evidence by law. Do you have to see the software itself to get the evidence?
     
  2. James McGill

    James McGill Active Member

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    I'm not sure if you used the term 'confidential information' in the legal/equitable sense, however given you wrote (IP) in brackets next to it I assume you were not referring to it in that way. If you did, you would need to demonstrate that (1) the information was confidential (it isn't common knowledge), (2) the information must have been imparted in circumstances importing an obligation of confidence and (3) the unauthorised use must have caused you a detriment.

    Code wouldn't be considered 'confidential information', rather your rights, if any, would arise from copyright in the code. I don't want to second guess your lawyer, I am sure he gave his advice after he/she felt fully informed about the circumstances. You can bring a claim on various grounds, one of which is where your code was reproduced or copied. You need to demonstrate that your code and their code is objectively similar and there is a causal connection that links your code and the company's code.

    Relevantly, copyright doesn't relate to the functionality of the code, only the expression of it - if your code does the same thing but is written differently, there is no copyright infringement. Hope that helps.
     
  3. Peter6

    Peter6 Well-Known Member

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    I think I did not ask my question clearly. For my understanding, both sides consider my IP as confidential information. My question is if the evidence from the company's webinar can be treated as evidence in court. in the webinar, it shows that the confidential information is used in the software. Do we have to ask for the software itself as the evidence in court? Can we use the information from the webinar as evidence on court?
     
  4. James McGill

    James McGill Active Member

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    Sorry Peter I am still unclear on the circumstances surrounding your issue. In short, if I were bringing an action for infringement of IP and the IP involved code, I would want a copy of the software and an expert report from a third party on the similarity between my clients code and the ‘infringing’ code. Does that help?
     
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