Public Domain in UK Law

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

    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 May 2006

  • Hilton v Barker Booth & Eastwood (A Firm)
    • House of Lords
    • 03 February 2005

    Since he may not prefer one duty to another, he must perform both as best he can. This may involve performing one duty to the letter of the obligation, and paying compensation for his failure to perform the other. But in any case the fact that he has chosen to put himself in an impossible position does not exonerate him from liability.

  • The Good Law Project v Minister for the Cabinet Office
    • Queen's Bench Division (Technology and Construction Court)
    • 09 June 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 March 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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  • Local Audit and Accountability Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... ; to make provision about the accounts of local and certain other public authorities and the auditing of those accounts; to make provision about ... information, and(c) the information is not otherwise in the public domain.(3) A report published under this paragraph may be published in such ... ...
  • The Export Control Order 2008
    • UK Non-devolved
    • January 01, 2008
    ... ... computer;“proper” has the same meaning as in CEMA;“in the public domain” means available without restriction upon further dissemination ... ...
  • Digital Economy Act 2010
    • UK Non-devolved
    • January 01, 2010
    ... ... copyright and performers' rights; to make provision about internet domain registries; to make provision about the functions of the Channel Four ... ; to amend the Video Recordings Act 1984; to make provision about public lending right in relation to electronic publications; and for connected ... ...
  • Judiciary and Courts (Scotland) Act 2008
    • Scotland
    • January 01, 2008
    ... ... of information which is already, or has previously been, in the public domain ... (6) Any disclosure of information in contravention of this ... ...
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Books & Journal Articles
  • Public Domain Software on File
    • No. 4-4, April 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
    • No. 71-4, July 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...
  • Reconstituting the Global Public Domain — Issues, Actors, and Practices
    • No. 10-4, December 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...
  • New Rights Advocacy in a Global Public Domain
    • No. 13-2, June 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' ...
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Law Firm Commentaries
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