Public Domain in UK Law

Leading Cases
  • EPI Environmental Technologies Inc. and Another v Symphony Plastic Technologies Plc and Another
    • Chancery Division
    • 21 Diciembre 2004

    In my judgment, what Lord Denning is saying is that a recipient of mixed information should take care only to use the public information. If he uses the private information he can only do so on pain of payment. Obviously the easiest way to establish that only public information has been obtained is to go to the public sources.

    Relying on Seager, Mr Hobbs QC submits by the provision of the additive itself EPI provided that product in confidence and that product and that provision in that way was confidential private information which Symphony could not use.

    If there is something secret or confidential which they thereby merely copied that would be actionable. However, a thing does not become confidential merely because it is supplied confidentially. However, take one example. Suppose EPI supplied Symphony with a formula for making a very special cake which would be very unique to EPI. A lot of the ingredients would be common ingredients, but it would be contended that the resultant product is arrived at by use of the secret formula.

  • Norbrook Laboratories Ltd v Bomac Laboratories Ltd
    • Privy Council
    • 04 Mayo 2006

  • The Good Law Project v Minister for the Cabinet Office
    • Queen's Bench Division (Technology and Construction Court)
    • 09 Junio 2021

    The fact that individuals at Public First were known to and had worked with those involved in the decision making, including the Defendant and Mr Cummings, is insufficient to establish apparent bias. I accept the submission of Sir James Eadie that those acquaintances did not preclude Mr Cummings from making a lawful judgment as to whether Public First was suitable for appointment to carry out the research work needed.

    However, the existence of personal connections between the Defendant, Mr Cummings and the directors of Public First was a relevant circumstance that might be perceived to compromise their impartiality and independence in the context of a public procurement.

  • Fullam v Newcastle Chronicle and Journal Ltd
    • Court of Appeal (Civil Division)
    • 24 Marzo 1977

    For instance, the facts may be very well known in the area of the newspaper's distribution - in which event I would think it would suffice to plead merely that the plaintiff will rely on inference that some of the newspaper's readers must have been aware of the facts which are said to give rise to the innuendo.

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Legislation
  • Arbitration (Scotland) Act 2010
    • Scotland
    • 1 de Enero de 2010
    ...... disputes subject only to such safeguards as are necessary in the public interest,. . . (c) that the court should not intervene in an arbitration ... . . which is not, and has never been, in the public domain. SCH-1.27 . D 27 D . . 27 . (1) The tribunal's deliberations may be ......
  • Financial Services and Markets Act 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ...... . (a) market confidence;. . . (b) public awareness;. . . (c) the protection of consumers; and. . . (d) the ... . . (b) is not otherwise in the public domain; and. . . (c) was obtained under or by virtue of a competition ......
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... (a) (a) a contracting authority advertises an opportunity if it does anything to put the opportunity in the public domain or bring the opportunity to the attention of economic operators generally or to any class or description of economic operators which is potentially ......
  • Revenue Scotland and Tax Powers Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... not apply to the extent that Revenue Scotland considers that publication of the information would prejudice the effective exercise of its ... (whether by Revenue Scotland or anyone else) that was in the public domain at the time the tax avoidance arrangement was entered into, and. . . (b) ......
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Books & Journal Articles
  • Public Domain Software on File
    • Núm. 4-4, Abril 1986
    • The Electronic Library
    • 216-217
    Public Domain Software on File offers a great wealth of programs on subjects that range from biorhythm to physics. Many of these can be of great use to many people. However, the package also contai...
  • ‘Dedicating’ Copyright to the Public Domain
    • Núm. 71-4, Julio 2008
    • The Modern Law Review
    This article explores whether authors can dedicate their copyright to the public domain. Such dedications are becoming increasingly relevant as authors now see the expansion of the public domain as...
  • New Rights Advocacy in a Global Public Domain
    • Núm. 13-2, Junio 2007
    • European Journal of International Relations
    Social and economic policy decisions are increasingly being taken in a global public domain in which national/transnational boundaries are blurred, and the `public' ...
  • Reconstituting the Global Public Domain — Issues, Actors, and Practices
    • Núm. 10-4, Diciembre 2004
    • European Journal of International Relations
    This article draws attention to a fundamental reconstitution of the global public domain — away from one that for more than three centuries equated the ‘public’ in i...
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Law Firm Commentaries
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