M&C Reacts: Previous Planning Permission Does Not Permit Copying Of Architect's Drawings

• Published date: 12 November 2021
• Subject Matter: Intellectual Property, Litigation, Mediation & Arbitration, Copyright, Arbitration & Dispute Resolution
• Law Firm: Marks & Clerk
• Author: Mr Graham Burnett-Hall

It is rare that intellectual property disputes are decided by way of summary judgment but here is one example, arising in a copyright dispute. The case is Lennox Estates Ltd v S&W Ventures Ltd and a summary judgment application that was decided on 8 November 2021. Lennox Estates, a property developer, had an option to purchase a property subject to planning permission being obtained. They instructed architects to prepare design drawings and planning permission was obtained, based on those drawings. Copyright in the architect's drawings was assigned to Lennox Estates. However, they did not exercise the option, which subsequently lapsed. S&W Ventures acquired the property with the benefit of the planning permission. They modified the planning permission but, as the Intellectual Property Enterprise Court held, the design of the architect's plans was overwhelmingly retained...