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The IP Bill and the “Chilling effect” of Clause 13 revisited

Parliamentary copyright images are reproduced with the permission of Parliament

Parliamentary copyright images are reproduced with the permission of Parliament

In our previous series of articles on the IP Bill we looked at Clause 13 which seeks to introduce criminal provisions in respect of registered design infringement. This section of the Bill attracted a fair amount of discussion since it was felt in some (many?) quarters that  the threat of criminal proceedings could be asserted via Clause 13 against designers which would have a “chilling effect” on the UK design industry.

As noted here, the IP Bill has now left the Lords on its way to the Commons and Clause 13 has been the subject of a massive amount of debate in the Lords and has been amended slightly during its passage through that House. So, what’s changed and why?

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