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Norwich Pharmacal Co v Customs and Excise Comrs
''Norwich Pharmacal Co. & Others v Customs and Excise Commissioners'' () AC 133 was a case involving the owner and exclusive licensee of a patent, which was infringed by unknown importers of the chemical into the United Kingdom. Norwich Pharmacal Co brought proceedings against the Excise Commissioners to force the disclosure of information which would identify the importer of the chemical, and therefore those who infringed the patent. The House of Lords held that where an innocent third party had information relating to unlawful conduct, a court could compel them to assist the person suffering damage by giving them that information. The case established the Norwich Pharmacal jurisdiction and disclosure orders against innocent third parties are now known as Norwich Pharmacal orders in the UK.
== The case ==
The case was brought by Norwich Pharmacal Co. and the exclusive licensee of a patent for an antibacterial called furazolidone. Between 1960 and 1970 unlicensed shipments of the chemical were imported into Britain, therefore Norwich Pharmacal Co. knew that its patent was infringed but was unable to identify the importers. The Commissioners for Customs & Excise held information that would identify the importers, but would not disclose this, claiming that they had no authority to give such information. Norwich Pharmacal Co. brought proceedings against the Excise Commissioners, to force the Commissioners to disclose the names of the importers, which were the ''Intended Defendants''. In ''Norwich Pharmacal Co. v Customs and Excise Commissioners'' () the House of Lords held that where an innocent third party has information relating to unlawful conduct, a court could compel them to assist the person suffering damage by giving them that information.〔 The judgement is based on the 19th Century procedure known as the ''bill of discovery''. Lord Reid summarised what became known as the Norwich Pharmacal jurisdiction as follows:
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