Mosquito nets appeal

The Court of Appeal has dismissed an appeal against a finding that a consultant, initially engaged by the claimants but who then worked with the defendants, had used information from the claimants’ database in development of the defendants’ product. The case concerns competing mosquito net products. The court did however allow an appeal by a defendant’s commercial director that she did not have knowledge of the technical information or that it had been used. The claimants’ cross-appeal against refusal to grant an injunction against the defendants’ later-developed product was dismissed because it had been correct, as had the consideration of proportionality in light of the IP Rights Enforcement Directive.

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