The Court of Appeal dismissed an appeal from a ruling of the High Court that a Formula One racing team had infringed the copyright and misused the confidential information of a rival team in relation to car designs, and has refused to change the basis on which the trial judge assessed the quantum of damages. The damages were based on a notional licence fee. The claimants appealed in relation the confidentiality claim and sought damages for misuse of the entirety of its confidential designs. The Court of Appeal held that no evidence had been brought at trial to prove this. The Court also held that the information was not valuable in itself and held little value to the defendants. The trial judge has been entitled to award an amount representing a reasonable licence fee to reflect the benefit the defendant had derived by using the confidential information as a short cut to its design instead of starting a design from scratch.
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