House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

21

House of Commons

Tuesday 28 January 2014

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Intellectual Property Bill [Lords]

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Thursday 23 January (Standing Order

No. 83C):

That—

(1)
the Committe shall (in addition to its first meeting at 8.55 am on Tuesday 28

January) meet—

(a)
at 2.00 pm on Tuesday 28 January;

(b)
at 11.30 am and 2.00 pm on Thursday 30 January;

(2)
the proceedings shall be taken in the following order: Clauses 1 to 12;

Clauses 14 to 19; Schedule; Clauses 21 to 24; Clause 13; Clause 20; new

Clauses; new Schedules; remaining proceedings on the Bill.

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Thursday 30 January.

Mr David Willetts has given notice of his intention to move a motion in the terms of the

Resolution of the Programming Sub-Committee (Standing Order No. 83C).

Mr David Willetts

That, subject to the discretion of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

Public Bill Committee: 28 January 2014
22

Intellectual Property Bill-[Lords], continued

Iain Wright

16

Clause  1,  page  1,  line  12,  leave out from ‘insert’ to end of line 13 and insert—

‘in this section “qualifying country” means—

(i)
the United Kingdom; and

(ii)
another member state of the European Economic Area.’.

Iain Wright

15

Clause  1,  page  1,  line  15,  at end insert—

‘(5)
The Secretary of State will, within a period of 12 months of the Act coming into

force, undertake a review as to how the provisions within this section have—

(a)
contributed to the advancement of the design industry in the United

Kingdom; and

(b)
helped to harmonise unregistered design rights between the UK and

unregistered Community design right.

(6)
The Secretary of State will report the findings of his review to both Houses of

Parliament.’.

Iain Wright

17

Clause  2,  page  2,  line  31,  at end insert—

‘(iii)
this act has been in force for at least six months.’.

Iain Wright

18

Clause  2,  page  2,  line  31,  at end insert—

‘(4)
For section 259 of the Copyright, Designs and Patents Act 1988 (joint designs)

substitute—

“Joint designs

(1)
Where two or more persons have jointly developed a design, design right

shall vest in them jointly.

(2)
Where two or more persons are proprietors of unregistered design right

or community unregistered design right, subject to the provisions of this

section and subject to any agreement to the contrary—

(a)
each of them shall be entitled, by himself or his agents, to do in

respect of the design concerned, for his own benefit and without

the consent of or the need to account to the other or others, any

act which would apart from this subsection, amount to an

infringement of the design right concerned; and

(b)
any such act shall not amount to an infringement of the design

right or unregistered community design right concerned.

(3)
Subject to any agreement for the time being in force, where two or more

persons are proprietors of design right or unregistered community design

right one of them shall not without the consent of the other or others grant

a licence under the design right or assign or mortgate a share in the design

right or in Scotland cause or permit security to be granted over it.

Public Bill Committee: 28 January 2014
23

Intellectual Property Bill-[Lords], continued

(4)
Where an article is disposed of by any of two or more proprietors of

unregistered design right to any person, that person and any other person

claiming through him shall be entitled to deal with the article in the same

way as if it had been disposed of by a sole proprietor.”.’.

David Willetts

3

Clause  3,  page  2,  line  33,  leave out subsection (1).

David Willetts

4

Clause  3,  page  2,  leave out lines 42 to 44 and insert—

‘(b)
a body corporate or other body having legal personality which—

(i)
is formed under the law of a part of the United Kingdom

or another qualifying country, and

(ii)
has in any qualifying country a place of business at

which substantial business activity is carried on.”.’.

Iain Wright

19

Clause  3,  page  2,  line  42,  leave out ‘a person’ and insert ‘A Body Corporate formed

under the law of a qualifying country’.

David Willetts

5

Clause  3,  page  3,  leave out lines 7 and 8 and insert—

‘(a)
in subsection (1)(a), omit “who is exclusively authorised to put such

articles on the market in the United Kingdom”,

(b)
in subsection (2), for “requirements” substitute “requirement”,

(c)
in subsection (3), for “those requirements” substitute “that requirement”,

and

(d)
omit subsection (4).’.

Iain Wright

20

Clause  5,  page  4,  line  7,  at end insert—

‘(2A)
In subsection (1), after paragraph (a) insert—

“(aa)
in pursuance of an assignment or licence made or granted by a

person who is the proprietor of unregistered design right or

unregistered Community design right in a corresponding

unregistered design or unregistered Community Design.”.’

Public Bill Committee: 28 January 2014
24

Intellectual Property Bill-[Lords], continued

Iain Wright

21

Clause  8,  page  6,  line  6,  at end insert—

‘(3)
The Secretary of State will, within six months of the Act coming into force, report

to both Houses of Parliament on plans to publicise changes to the law introduced

under this provision with the objective to educate holders of design rights.’.

Iain Wright

22

Clause  9,  page  6,  leave out subsection (5).

Iain Wright

23

Clause  10,  page  7,  line  19,  at end insert ‘or the Patents County Court’.

Iain Wright

24

Clause  11,  page  9,  leave out lines 30 to 35.

Iain Wright

32

Clause  16,  page  16,  line  24,  leave out subsection (4).

Pete Wishart

37


Clause  17,  page  17,  line  14,  at end insert—

‘(3A)
In making an order under this section which confers jurisdiction on a court,

removes jurisdiction from a court or varies the jurisdiction of a court, the

Secretary of State shall—

(a)
ensure he takes into account the views of—

(i)
HM Courts & Tribunals Service;

(ii)
The Scottish Courts Services;

(iii)
The Northern Ireland Courts and Tribunals Service; and

(iv)
any other appropriate body;


and

Public Bill Committee: 28 January 2014
25

Intellectual Property Bill-[Lords], continued

(b)
where the number of patent cases is such as to meet the requirements as

set out in Article 7 of the Agreement on a Unified Patent Court, to confer

local divisional court jurisdiction on—

(i)
in England and Wales, the High Court;

(ii)
in Scotland, the Court of Session; and

(iii)
in Northern Ireland, the High Court.’.

Iain Wright

34

Clause  21,  page  19,  line  1,  after ‘to’, insert ‘job creation and’.

Iain Wright

35

Clause  21,  page  19,  line  6,  leave out ‘and’ and insert—

‘(iii)
an assessment of the degree of online copyright infringement and

the extent to which identified search engines and other internet

services facilitate this, and’.

Iain Wright

36

Clause  21,  page  19,  line  10,  at end insert—

‘(2)
The Secretary of State must make a statement to both Houses of Parliament

detailing the findings of the report referred to in subsection (1) and what actions

he intends to take as result of any recommendations of the report.’.

David Willetts

6

Clause  13,  page  11,  line  22,  after ‘person’ insert ‘intentionally’.

David Willetts

7

Clause  13,  page  11,  line  23,  leave out ‘exactly or substantially to that design’ and

insert ‘—

(i)
exactly to that design, or

(ii)
with features that differ only in immaterial details from that

design’.

Iain Wright

25

Clause  13,  page  11,  line  27,  leave out ‘and’ and insert—

‘(ia)
knowing that, or being reckless as to whether, making the product is an

infringement of the reigstered design, and’.

David Willetts

8

Clause  13,  page  11,  line  31,  after ‘been’ insert ‘intentionally’.

Public Bill Committee: 28 January 2014
26

Intellectual Property Bill-[Lords], continued

David Willetts

9

Clause  13,  page  11,  line  31,  leave out from ‘product’ to end of line 32 and insert

‘—

(a)
exactly to the design, or

(b)
with features that differ only in immaterial details from the design.’.

Iain Wright

26

Clause  13,  page  11,  line  35,  leave out ‘uses’ and insert ‘sells’.

Iain Wright

27

Clause  13,  page  11,  line  39,  after ‘so’, insert ‘deliberately’.

David Willetts

10

Clause  13,  page  11,  line  40,  after ‘been’ insert ‘intentionally’.

David Willetts

11

Clause  13,  page  11,  line  42,  leave out ‘or substantially to the design’ and insert ‘to

the design or with features that differ only in immaterial details from the design’.

Iain Wright

28

Clause  13,  page  11,  line  42,  at end insert—

‘(ia)
the person does so knowing that, or being reckless as to whether offering

putting on the market, importing, exporting or selling of the product is an

infringement of the registered design.’.

Iain Wright

29

Clause  13,  page  12,  leave out line 6 and insert—

‘(a)
reasonably believed that the registered design was not infringed.’.

Iain Wright

30

Clause  13,  page  12,  leave out line 7.

Iain Wright

31

Clause  13,  page  12,  line  13,  at end insert—

‘(7A)
In this section “design right” includes an unregistered community design and a

reference to the owner of the design right is also to be read as a reference to the

owner of a community design right in a design.’.

David Willetts

12

Clause  13,  page  13,  line  1,  leave out ‘or substantially to a registered design’ and

insert ‘to a registered design, or with features that differ only in immaterial details from a

registered design,’.

Public Bill Committee: 28 January 2014
27

Intellectual Property Bill-[Lords], continued

David Willetts

13

Clause  13,  page  13,  line  2,  at end insert “intentionally”.

David Willetts

14

Clause  13,  page  13,  line  4,  at end insert ‘intentionally’.

Dr Julian Huppert

1

Clause  20,  page  18,  line  15,  after ‘information’, insert ‘created or’.

Iain Wright

33

Clause  20,  page  18,  line  15,  leave out ‘obtained in the’ and insert ‘created or

obtained in the planning of’.

Dr Julian Huppert

2

Clause  20,  page  18,  line  15,  after ‘the’, insert ‘planning of,’.

New Clauses

Director General of Intellectual Property Rights

Iain Wright

NC1

To move the following Clause:—

‘(1)
The Copyright, Designs and Patents Act 1988 is amended as follows:

(2)
In Part VII (miscellaneous and general) at the beginning insert—

“295A
Director General of Intellectual Property Rights

(1)
The Secretary of State shall appoint an officer to be known as the

Director General of Intellectual Property Rights (“the Director

General”).

(2)
The Director General has a duty to—

(a)
promote the creation of new intellectual property,

(b)
protect and promote the interests of UK intellectual property

rights holders,

(c)
co-ordinate effective enforcement of UK intellectual property

rights, and

(d)
educate consumers on the nature and value of intellectual

property.



© Parliamentary copyright	Revised 28 January 2014