Case preview: database rights at play as Ordnance Survey in court

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Case preview: database rights at play as Ordnance Survey in court

Royal Court of Justice

Ordnance Survey, the national mapping agency for Great Britain, is in court this week to defend a case in which IP and database rights are at issue

This claim, being heard in the England & Wales High Court this week, relates to a product developed by small and medium-sized enterprise (SME), 77M, called “Matrix”. 

The system is a database of geospatial and other information. It provides customers with data including details of buildings, their coordinates and other attributes.

77M submits that it has spent more than £500,000 ($628,000) in developing the product and, in the process, has licensed data from several organisations, including Ordnance Survey (OS) – the government-owned mapping agency in the UK.

In 2016, 77M sought a declaration of non-infringement of OS’s IP rights. 

OS believes 77M can't make such a declaration and that the company has infringed its IP rights. It adds that 77M never had consent to use OS’s data in the first place.

According to 77M, OS has failed to explain what copyright or database rights it owns which may have been infringed.

In August 2016, 77M issued a claim at the Intellectual Property Enterprise Court seeking:

• A declaration that the development of its product does not infringe any database or copyright belonging to OS, and is not in breach of any contract with OS;

• A declaration that the licensing or use of the product by its customers does not infringe such rights or breach any contract with the OS;

• An injunction to restrain OS from making any allegations to the contrary effect; and

• An injunction to restrain OS from instructing third parties to withhold data from 77M.

The case was later transferred to the main Chancery Division. 

Bournemouth-based firm Laceys Solicitors, which took over from Ince Gordon Dadds earlier this year, is acting for 77M. The firm has instructed barrister Jaani Riordan of 8 New Square.

International firm Fieldfisher, acting for OS, has instructed Lindsay Lane QC and Jessie Bowhill, both also of 8 New Square.

The case will last two weeks from today (Monday), with arguments first being aired on Wednesday. 

An OS spokesperson said: “At this time our focus is on preparing for the trial, which commences on Wednesday July 17. We expect the trial to conclude by the end of July with judgment being delivered following the summer recess. We will not be commenting on matters relating to the trial until the judgment has been given.” 

A 77M spokesperson says it believes the company has a strong case and is looking forward to its day in court. 


more from across site and SHARED ros bottom lb

More from across our site

Two partners have departed DLA Piper to join Squire Patton Boggs and Blank Rome in San Francisco and Chicago, respectively
Practitioners say a 32% rise in court fees is somewhat expected to maintain the UPC’s strong start, but some warn that SME clients could be squeezed out
Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Claudiu Feraru, founder of Feraru IP, discusses the benefits of a varied IP practice and why junior practitioners should learn from every case
In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Aled Richards-Jones, a litigator and qualified barrister, is the fourth partner to join the firm’s growing patent litigation team this year
An IP lawyer tasked with helping to develop Brownstein’s newly unveiled New York office is eyeing a measured approach to talent hunting
Amanda Griffiths, who will be tasked with expanding the firm’s trademark offering in New Zealand, says she hopes to offer greater flexibility to clients at her new home
News of EasyGroup failing in its trademark infringement claim against ‘Easihire’ and Amgen winning a key appeal at the UPC were also among the top talking points
Gift this article