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Even more amendments to Clause 13: The good, the bad, and the puzzling

Parliamentary copyright images are reproduced with the permission of Parliament

Parliamentary copyright images are reproduced with the permission of Parliament

As ipcopymark has already reported, this week David Willetts has proposed amendments to Clause 13 of the Intellectual Property Bill that are, in IPcopy’s view, a step in the right direction. Hot on the heels of David Willetts’ amendments, Iain Wright has now put forward further amendments. A tracked copy of the proposed changes to Clause 13 is below, with Willetts’ proposals in red, and Wright’s proposals in blue.

Wright’s proposals are an interesting bunch. They expand on the notion that the copying must be deliberate, and bring in a criteria a person commits an offence if he knows that the acts committed would infringe the registered design, or is reckless as to whether they infringe the registered design. However, the proposed amendment to subsection 5 removes the defence that the design right was not infringed, replacing it with the criteria that the defendant reasonably believed that the registered design was not infringed. IPcopy’s view is that it would far preferable to keep both of these defences. There is also a puzzling addition of a new subsection 7A which defines the term ‘design right’ as including an unregistered Community design. Since the term ‘design right’ does not actually appear in this section it is unclear to IPcopy what this new subsection would add. If you have any thoughts, please let us know!

Also worth noting are Wright’s proposed additions to Clause 1 (that within 12 months the Secretary of State will undertake a review as to how these provisions have advanced the design industry in the UK), and Clause 8 (that within 6 months the Secretary of State will report on plans to publicise the law changes with the objective of educating holders of design rights), and a proposed new Section of the Patents Act that would introduce a “Director General of Intellectual Property Rights” with responsibility for, amongst other things, promoting the creation of new IP and educating consumers as to the importance and nature of IP rights.

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