Royalties in UK Law

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Leading Cases
  • Cambridge Display Technology Ltd v EI Dupont de Nemours & Company
    • Chancery Division
    • 18 June 2004

    The commercial background to the Agreement is that in March 2000 Dupont acquired a small Californian research and development company called Uniax Corporation, which then changed its name to Dupont Displays Inc. The business of Uniax consisted of the development of what is described as organic light-emitting display technology, which can be used to produce plastic and glass displays for a variety of purposes, including cellular telephones and portable computers.

  • Inquam Telecom (Holdings) Ltd v Primus Telecommunications Ltd
    • Queen's Bench Division (Commercial Court)
    • 07 February 2007

    84. In my view there are two fundamental factors that I must bear in mind in fixing the quantum meruit remuneration that Primus should receive for the service it provides in permitting calls originating from Orange to use its system. These are, first, that the remuneration must be reasonable in all the circumstances. Secondly, that the basis for calculation should be as simple as possible, so as to minimise the chances of future disputes over payments.

    In deciding the basis on which the quantum meruit royalty rates should be agreed, it seems to me that I have to consider three further questions. The first is whether the basis of the rates should be the interconnect rates that ITHL receives from its two current interconnect providers BT and Orange. 11 This basis can be contrasted to a rate or rates based on the split of ultimate destinations and the costs of making those connections.

    That is analogous to the basis for the BT Tariff in Schedule 1 of the Agreement. I strongly suspect that if the parties had been negotiating a tariff for Orange calls at the time the Agreement was concluded then they would have agreed an Orange tariff based on the interconnect fees paid by Orange to Core/ITHL. The royalty fees payable to Primus should then be recalculated by analogy with the provisions set out in clause 5.3.

    Thus the rate will be 50.58%, 62.15% and 46.23% of the peak, off – peak and weekend interconnect rates that are paid by BT to ITHL, without any deduction for the rebate that ITHL pays back to T-Mobile under the terms of the Virtual Interconnect Agreement between T-Mobile and ITHL. That will make the position analogous to the situation between Orange, Core, ITHL and Primus.

  • Fisher v Brooker
    • House of Lords
    • 30 July 2009

    Fifthly, laches is an equitable doctrine, under which delay can bar a claim to equitable relief. Although I would not suggest that it is an immutable requirement, some sort of detrimental reliance is usually an essential ingredient of laches, in my opinion.

  • Trinidad Home Developers Ltd (in Voluntary Liquidation) v IMH Investments Ltd
    • Privy Council
    • 08 December 2003

    They see no reason why the entire procedure for entry of the judgment, followed by its registration and the resort by the judgment creditor to the remedies provided by ROCA, culminating in an order for sale, should not be regarded for the purposes of section 254 as a process of execution. It can therefore be regarded as being not only a judgment but, in so far as it creates an automatic charge, part of the process of its own execution.

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Legislation
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Books & Journal Articles
  • News
    • Nbr. 8-6, June 1990
    • The Electronic Library
    • 445-456
    Chemical warfare: ACS fires back at Dialog The American Chemical Society (ACS) has finally answered Dialog's $150 mil‐lion lawsuit against it with a countersuit and accusations that Dialog defraude...
    ...... finally answered Dialog's $ 150 mil-lion lawsuit against it with a countersuit and accusations that Dialog defrauded it of $10 million in royalties. ACS seeks an additional $30 million for punitive damages and asked the courts to insist on a formal audit of Dialog's payments. In its 31 August ......
  • Review of Australia's Petroleum Resource Rent Tax: Implications from a Case Study of the Gorgon Gas Project
    • Nbr. 45-2, June 2017
    • Federal Law Review
    Australia has welcomed new business investment of $200 billion for integrated gas projects. However lower than expected tax receipts have tempered the early optimism of project benefits. In particu...
    ......Findings from a case study of an operational gas project include the need for PRRT modifications, and the additi on of royalties for particular integrated natural gas projects in Commonwealth waters. The article is significant for its unique overview of Austra li a’s ......
  • WILL THE ART MARKET REALLY SOAR? REVISITING RESALE RIGHTS AFTER BREXIT.
    • Vol. 24 Nbr. 2, July 2019
    • Art Antiquity & Law
    • Marber, Sinclaire Devereux
    ......The United Kingdom has opposed resale royalties since their inception, but was obligated to implement the Directive of the European Parliament and Council 'on the resale right for the benefit of ......
  • Don't miss out on patent opportunity: April will see the introduction of lower corporation tax on profits from patented products and services.
    • Nbr. 2013, October - February 2013
    • Financial Management (UK)
    • Wallin, Nick
    • Technical notes
    ...... purposes, it could be assumed that a company has agreed to pay 5 per cent of the profits generated by use of the patented system in royalties per patent. While 5 per cent may sound like a relatively small proportion of the profits generated, it is usually possible to secure more than one ......
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Forms
  • Chapter DT10311
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . . . Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. . . . However, such ......
  • Chapter DT20711
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . .  . (1) Royalties arising in a Contracting State which are derived and beneficially owned by a resident of the other Contracting State may be taxed in that other ......
  • Chapter DT11212
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . . Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. However, such royalties may ......
  • Chapter DT17811
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . . (1) Royalties arising in a Contracting State which are derived by a resident of the other Contracting State may be taxed in that other State. (2) However, such ......
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