Implied licence: you get what you’re given unless you expressly ask for more

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The defendant entered into an agreement with an NHS trust for a period of seven years subject to a provision that the agreement could be extended in six-month blocks for up to a further three years. The defendant was granted an implied licence to use RIS software by the claimant (which at the time was a sister company of the defendant) for the purpose of providing the services under the agreement. In September 2010, the agreement was extended for six months.

In December 2010, the agreement was further extended by 30 months. The claimant and defendant had been sold to separate entities and were no longer sister companies. The claimant argued that the implied licence had come to an end after the seven-year term and thereafter a fresh implied licence came into effect for which the defendant should pay royalty fees…

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