About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Finance Intangible Assets Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

The Profits from Patents (EEA Rights) Order 2013, United Kingdom

Back
Latest Version in WIPO Lex
Details Details Year of Version 2013 Dates Issued: February 27, 2013 Type of Text Implementing Rules/Regulations Subject Matter Patents (Inventions) Notes This Order, issued pursuant to section 357BB(1)(c) and (7) of the Corporation Tax Act 2010, sets out rights to which Part 8A of the Corporation Tax Act 2010 applies (profits arising from the exploitation of patents etc.)
Article 2 of this Order lists the EEA states which can grant such rights and refers to them by the process under which they are granted.

The text of the Profits from Patents (EEA Rights) Order 2013 is subject to Crown copyright protection (@Crown Copyright).

Available Materials

Main Text(s) Related Text(s)
Main text(s) Main text(s) English The Profits from Patents (EEA Rights) Order 2013        
 The Profits from Patents (EEA Rights) Order 2013

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

S T A T U T O R Y I N S T R U M E N T S

2013 No. 420

CORPORATION TAX

The Profits from Patents (EEA Rights) Order 2013

Made - - - - 26th February 2013 Laid before the House of Commons - - - - 27th February 2013

Coming into force - - 1st April 2013

The Treasury make this Order under the power conferred by section 357BB(1)(c) and (7) of the Corporation Tax Act 2010(1):

Citation and commencement

1. (1) This Order may be cited as the Profits from Patents (EEA Rights) Order 2013. (2) This Order comes into force on 1st April 2013.

Rights to which Part 8A of CTA 2010 applies

2. (1) A right corresponding to a right within section 357BB(1)(a) or (b) of the Corporation Tax Act 2010 which is granted under the law of a qualifying EEA state under the standard process applicable in the state is a right to which Part 8A of that Act applies.

(2) The following are qualifying EEA states— Austria Bulgaria Czech Republic Denmark Estonia Finland Germany Hungary Poland Portugal

(1) 2010 c.4. Section 357BB was inserted by paragraph 1(1) of Schedule 2 to the Finance Act 2012 (c.14).

Document Generated: 2013-11-21 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

2

Romania Slovakia Sweden.

(3) A right is taken to be granted under the standard process applicable in a state in any case unless—

(a) there is more than one process for determining applications for the right under the law of the state, and

(b) the right in question is granted under a process which is less rigorous than another process. (4) A process is less rigorous than another if it requires—

(a) a less rigorous examination of the application than the other, or (b) fewer conditions to be met than the other.

26th February 2013

Mark Lancaster David Evennett

Two of the Lords Commissioners of Her Majesty’s Treasury

Document Generated: 2013-11-21 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

3

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies rights to which Part 8A of the Corporation Tax Act 2010 applies (profits arising from the exploitation of patents etc). Article 2 lists the EEA states which can grant such rights and describes the rights by reference to the process under which they are granted. A Tax Information and Impact Note covering this instrument was published on 21 March 2012 alongside legislation on profits arising from the exploitation of patents etc. and is available on the HMRC website at http://www.hmrc.gov.uk/budget2012/tiin-0726.htm. It remains an accurate summary of the impacts that apply to this instrument.


Legislation Implements (1 text(s)) Implements (1 text(s))
No data available.

WIPO Lex No. GB244