Simple Imports in UK Law

Leading Cases
  • Markem Corporation v Zipher Ltd
    • Court of Appeal (Civil Division)
    • 22 March 2005

    It follows that it is not enough for A to assert that the invention or concept (we use the expression loosely at this stage) was known to its employees and that that itself gave A an entitlement to make an application under s.7 What has to be shown is that A is entitled to B's application or part of it. In the usual run of case, such an entitlement will arise by reason of the operation of some independent rule of law, such as contract, breach of confidence or the like.

    We think it follows that, whether or not A is entitled to apply for a patent pursuant to s.7 is, as such, irrelevant to whether or not he can claim an entitlement to an application by B. For the latter he must be able to show that in some way B was not entitled to apply for the patent, either at all or alone. It follows that A must invoke some other rule of law to establish his entitlement—that which gives him title, wholly or in part, to B's application.

    Moreover, submitted Mr Watson, it can hardly be the case that Parliament intended to confer on the Comptroller a jurisdiction to consider breach of confidence—he was just given a simple jurisdiction over entitlement. And doubtless that is why the Comptroller is empowered under s.8( 7). s.12(2) and s.37(8) to decline to decide the question of entitlement if it would more properly be decided by a court.

    Accordingly we think one is driven to the conclusion that s.8 is referring essentially to information in the specification rather than the form of the claims. It would be handy if one could go by the claims, but one cannot. s. 8 calls for identification of information and the rights in it. Who contributed what and what rights if any they had in it lies at the heart of the inquiry, not what monopolies were actually claimed.

    Here the specific disclosure of the Zipher patents is clearly Mr McNestry's basic idea—his particular "clever way." What one is normally looking for is "the heart" of the invention. There may be more than one "heart" but each claim is not to be considered as a separate "heart" on its own. That is consistent with the view of Laddie J in University of Southampton's Appn.

  • R (on the application of the Heath and Hampstead Society) v Camden LBC
    • Court of Appeal (Civil Division)
    • 19 March 2008

    The words “replacement” and “not materially larger” must be read together and in the same context. So read, I do not think that the meaning of the word “material”, notwithstanding its use in planning law more generally, can bear the weight which the authority sought to give it. The qualification provides the necessary flexibility to allow planning judgment and common sense to play a part, and it is not a precise formula.

  • R v Tower Hamlets London Borough Council, ex parte Goetz
    • Court of Appeal (Civil Division)
    • 08 October 1998

    The third point which Mr. Underwood takes on the language is based on section 104(3) of the 1989 Act. He submits that thereby Parliament made provision for applicants who had agreements to acquire estates. This suggests, he says, that it discriminated between leases in law and agreements for leases. To the extent that Mr. Underwood is there equating the word "proposes to acquire" with "agrees to acquire", I am not able to accept his submission.

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Legislation
  • Value Added Tax Act 1983
    • UK Non-devolved
    • January 01, 1983
    ...... . ‘major interest’, in relation to land, means the fee simple. or a tenancy for a term certain exceeding 21 years,. and in relation to ...those items. . 15 Group 15—Imports, Exports, etc. . Item No. . SCH-5.1 .   . 1. The supply of imported ......
  • The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019
    • UK Non-devolved
    • January 01, 2019
    ......S-29 . Amendment of regulation 38 (imports) Amendment of regulation 38 (imports) . 29. —(1) Regulation 38 30 is ... £25,643 . . . 3. Standard application . £9,402 . . . 4. Simple application . £2,564 . . . 5. Parallel import licence applications . ......
  • The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019
    • UK Non-devolved
    • January 01, 2019
    ...... (f) (f) reliable and simple tests are available to detect the presence of the disease in aquaculture ... prevention and control of aquatic animal diseases, including on imports from other countries, which are in force in the third country and the way ......
  • Environment Act 2021
    • UK Non-devolved
    • January 01, 2021
    ...... in section 34(1) (duty of care as respects controlled waste),(b) imports, produces, carries, keeps, treats, manages or disposes of extractive waste ... “” means—(a) an estate in fee simple absolute in possession, or(b) a term of years absolute granted for a term ......
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Books & Journal Articles
  • UNDERINVOICING OF IMPORTS IN PAKISTAN
    • Nbr. 36-4, November 1974
    • Oxford Bulletin of Economics and Statistics
    ......import values over f.o.b. export values. Then the simple use of this technique will not test our underinvoicing hypothesis. . UNDERINVOICING OF IMPORTS IN PAKISTAN 289 TABLE I Ratio of Partner ......
  • Subject Index
    • Nbr. 12-4, November 2008
    • International Journal of Evidence & Proof, The
    ....... . . . 56 Shepherd vR (1990) 170CLR 573 . . . . . . . . . . . 287 Simple Imports Limited v Revenue Commis - sioners [2000]2 IR 243 . . . . . . . . ......
  • IDENTIFICATION OF ACTIVITY EFFECTS, TRENDS AND CYCLES IN IMPORT DEMAND
    • Nbr. 41-1, February 1979
    • Oxford Bulletin of Economics and Statistics
    ...... illustrates the problem by an algebraic example showing, for a simple linear import function, how activity effects, time trends and cyclical ... linear model: m=a0+a1y+u2c+cz3t (1) where in is the total imports of a commodity y is real income c is the capacity variable t is a time ......
  • THE SPECIFICATION OF THE FOREIGN TRADE MULTIPLIER FOR A DEVELOPING COUNTRY*
    • Nbr. 43-3, August 1981
    • Oxford Bulletin of Economics and Statistics
    ...... with one aspect of the relation between economic structure and imports, namely how the foreign trade multiplier is estimated. lt examines ...It is in fact a simple multiplier (ignoring foreign repercussions) which im- plicitly assumes ......
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Law Firm Commentaries
  • Of Blackberrys, Pineapples And Trade
    • Mondaq UK
    ...... Some categories of imports were limited or subjected to long delays. Companies were required to seek ...' good jobs and making things 'at home' are good slogans and have a simple appeal. But they make little economic sense. Consider an extreme ......
  • Yemen Drones, Yellowhammer And Why IP Matters
    • Mondaq UK
    ...... than the UK (with Saudi oil accounting for just 3% of British oil imports in 2017), significant disruptions to our oil industry may result from ...This is consistent with the problems we have identified with simple unilateral slashing of tariffs in an earlier article. Now, as then, the ......
  • Manufacturing, Imports, And Marketing Of Medicines & Pharma In UK
    • Mondaq UK
    ......This article aims to provide a guidance for the same by explaining in detail how simple the regulations that govern the pharmaceutical industry are. In the UK, the pharmaceutical industry is primarily governed and regulated by the ......
  • All or Nothing at All: Brexit Update for Life Sciences Companies
    • JD Supra United Kingdom
    A lot of ink has been spilled in projecting what Brexit (the UK’s withdrawal from the European Union) might look like, including in this space by this author. The simple fact is that we don’t know ...
    ......The simple fact is that we don’t know what Brexit will actually look ... frameworks begin to diverge over time, the cost of pharmaceutical imports into the EU from the UK could increase if additional import or quality ......
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Forms
  • Chapter CAPI04350
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... on imported agricultural goods under the safeguard measures where imports threaten EU production of a similar commodity. This additional charge can be a simple uplift of the existing duties but is usually associated with more complex ......
  • Chapter HCOTEG51500
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......For imports of oil in drums of standard capacity, the assessment of quantity may be ... For bulk imports by Road Tank Wagon, import assessment is generally simple provided that the documents accompanying the declaration have sufficient ......
  • Chapter HCOTEG52750
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......Staff must ensure that imports of recycled heavy fuel oil or waste heavy fuel oil which is to be ... evidence confirming that the recycling process is limited to simple gravity settling and filtration and does not involve vacuum distillation. ......
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