Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 21 March 2017

 

Consideration of Bill (Report Stage)

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Intellectual Property (Unjustified Threats)


 

Bill [Lords]


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 

 


 

Bill Esterson

 

NC1

 

To move the following Clause—

 

         

“Review of the impact of exiting the European Union on provisions within this

 

Act

 

( )    

Within 12 months of this Act coming into force, the Secretary of State must

 

prepare and publish a report on the impact of the Government’s plans for exiting

 

the European Union on the provisions within this Act, and must lay a copy of the

 

report before Parliament.”

 

Member’s explanatory statement

 

This is a probing new clause to assess the impact of exiting the European Union on the provisions

 

within this Act.

 

 


 

Bill Esterson

 

1

 

Clause  1,  page  2,  line  15,  after “do,” insert “or claims to do,”

 

Member’s explanatory statement

 

This amendment deals with people or companies who hold themselves out as the primary infringer:


 
 

Consideration of Bill (Report Stage): 21 March 2017        

2

 

Intellectual Property (Unjustified Threats) -[Lords], continued

 
 

ie, they claim to be the manufacturer or importer of a product (and therefore can be written to

 

freely) when, in fact, they are not. A definition is provided in amendment 3.

 

Bill Esterson

 

2

 

Clause  1,  page  2,  line  19,  at end insert—

 

“(4A)    

A threat of infringement proceedings is not actionable if the threat—

 

(a)    

is made to a person mentioned in subsection (4), and

 

(b)    

relates to—

 

(i)    

potential future acts of infringement, or

 

(ii)    

other acts of infringement

 

    

which are fundamentally similar to the current alleged act of

 

infringement.”

 

Member’s explanatory statement

 

This amendment would allow communications from the rights holder to the primary infringer to

 

also refer to secondary infringing acts (by the primary infringer), without it constituting a threat.

 

Bill Esterson

 

3

 

Clause  1,  page  2,  line  24,  at end insert—

 

“(7)    

In subsection (4)(a) “claims to do an act” means the person makes an explicit

 

claim in public that they are the manufacturer or importer of the product or

 

process.”

 

Member’s explanatory statement

 

This amendment provides a definition of “claims to do” in amendment 1.

 


 

 

Revised 21 March 2017