Session 2016-17
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Other Bills before Parliament




House of Commons


Notices of Amendments


given up to and including


Friday 17 March 2017


New Amendments handed in are marked thus Parliamentary Star


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


Consideration of Bill (Report Stage)


Intellectual Property (Unjustified Threats)


Bill [Lords]




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withdrawn amendments at the end.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.




New Clause


Bill Esterson




Parliamentary Star - white    

To move the following Clause—



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




( )    

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.”


Notices of Amendments: 17 March 2017                  



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


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




Parliamentary Star - white    

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:


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




Parliamentary Star - white    

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



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



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



relates to—



potential future acts of infringement, or



other acts of infringement



which are fundamentally similar to the current alleged act of




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




Parliamentary Star - white    

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



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




Member’s explanatory statement


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




Revised 17 March 2017