Intellectual Property Bill [HL]

Second
MARSHALLED
LIST OF Amendments
to be moved
in GRAND committee

[Amendments marked * are new or have been altered]

Clause 13

LORD CLEMENT-JONES

23

Page 15, line 4, at end insert—

“35ZE           Offences committed by partnerships and body corporate

(1)   Proceedings for an offence under this Act alleged to have been
committed by a partnership shall be brought against the
partnership in the name of the firm and not in that of the partners,
but without prejudice to any liability of the partners under
subsection (4).

(2)   The following provisions apply for the purposes of such
proceedings as in relation to a body corporate—

(a)   any rules of court relating to the service of documents;

(b)   in England and Wales or Northern Ireland, Schedule 3 to the
Magistrates’ Court Act 1980 or Schedule 4 to the
Magistrates’ Courts (Northern Ireland) Order 1981
(procedure on charge of offence).

(3)   A fine imposed on a partnership on its conviction in such
proceedings shall be paid out of the partnership assets.

(4)   Where a partnership is guilty of an offence under this Act, every
partner, other than a partner who is proved to have been ignorant
of or to have attempted to prevent the commission of the offence, is
also guilty of the offence and liable to be proceeded against and
punished accordingly.

(5)   Where an offence under this Act committed by a body corporate is
proved to have been committed with the consent, connivance or
neglect of a director, manager, secretary or other similar office of
the body, or a person purporting to act in any such capacity, he as
well as the body corporate is guilty of the offence and liable to be
proceeded against and punished accordingly.”

LORD STEVENSON OF BALMACARA

LORD YOUNG OF NORWOOD GREEN

 


The above-named Lords give notice of their intention to oppose the Question that Clause 13
stand part of the Bill.

After Clause 13

LORD CLEMENT-JONES

24

Insert the following new Clause—

“Offence of unauthorised copying etc of a design protected by design right

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

(2)   After section 235 insert—

“235A           Offence of unauthorised copying etc of a design protected by
design right

(1)   A person commits an offence if—

(a)   in the course of a business, the person copies any design
protected by design right so as to make a product exactly or
substantially to that design, and

(b)   the person does so—

(i)   knowing or having reason to believe that the design
is protected by design right, and

(ii)   without the consent of the owner of that design
right.

(2)   Subsection (3) applies in relation to a product where a design
protected by design right has been copied so as to make the product
exactly or substantially to the design.

(3)   A person commits an offence if—

(a)   in the course of a business, the person offers, puts on the
market, imports, exports or uses the product, or stocks it for
one or more of those purposes,

(b)   the person does so without the consent of the owner of the
design right in that design, and

(c)   the person does so knowing or having reason to believe that
a design has been copied without the consent of the owner
of the design right in the design.

(4)   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.

(5)   A person guilty of an offence under this section is liable—

(a)   on conviction on indictment, to imprisonment for a term not
exceeding ten years or to a fine or to both;

(b)   on summary conviction in England and Wales or Northern
Ireland, to imprisonment for a term not exceeding six
months or to a fine not exceeding the statutory maximum or
to both;

(c)   on summary conviction in Scotland, to imprisonment for a
term not exceeding 12 months or to a fine not exceeding the
statutory maximum or to both.”

(3)   In section 235B (enforcement) substitute all references to “35ZA” for
“235A”.

(4)   In section 235C (forfeiture in England and Wales and Northern Ireland)
substitute all references to “35ZA” for “235A”.

(5)   In section 23ZC, in subsections (2) and (3), substitute all references to
“registered design” for “design right subsisting in a design”.

(6)   In section 235D (forfeiture in Scotland), substitute all references to “35ZA”
for “235A”.

(7)   In section 235D substitute all references to “35ZC” for “235C”.

(8)   For section 235E (offences committed by partnerships and body corporate)
substitute—

“235E           Section 235E: offences committed by partnerships and body
corporate

(1)   Proceedings for an offence under this Act alleged to have been
committed by a partnership shall be brought against the
partnership in the name of the firm and not in that of the partners;
but without prejudice to any liability of the partners under
subsection (4) below.

(2)   The following provisions apply for the purposes of such
proceedings as in relation to a body corporate—

(a)   any rules of court relating to the service of documents;

(b)   in England and Wales or Northern Ireland, Schedule 3 to the
Magistrates’ Court Act 1980 or Schedule 4 to the
Magistrates’ Courts (Northern Ireland) Order 1981
(procedure on charge of offence);

(c)   a fine imposed on a partnership on its conviction in such
proceedings shall be paid out of the partnership assets;

(d)   where a partnership is guilty of an offence under this Act,
every partner, other than a partner who is proved to have
been ignorant of or to have attempted to prevent the
commission of the offence, is also guilty of the offence and
liable to be proceeded against and punished accordingly;

(e)   where an offence under this Act committed by a body
corporate is proved to have been committed with the
consent, connivance or neglect of a director, manager,
secretary or other similar officer of the body, or a person
purporting to act in any such capacity, he as well as the
body corporate is guilty of the offence and liable to be
proceeded against and punished accordingly.””

LORD JENKIN OF RODING

24A*

Insert the following new Clause—

PART 1A

COPYRIGHT

Exploitation of design derived from artistic work

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

(2)   In Schedule 1 (copyright: transitional provisions and savings), omit
paragraph 6.”

24B*

Insert the following new Clause—

“Revived copyright: transitional provisions and use as of right subject to
reasonable royalty

(1)   Part III of the Duration of Copyright and Rights in Performances
Regulations 1995 (savings and transitional provisions) are amended as
follows.

(2)   In regulation 16, after paragraph (d) insert—

“(e)   to works in which copyright has been revived as a result of
section 74 of the Enterprise and Regulatory Reform Act
2013.”

(3)   In regulation 24, after paragraph (4) insert—

“(5)   This Regulation does not apply to artistic works in which copyright
has been revived as a result of section 74 of the Enterprise and
Regulatory Reform Act 2013.””

Clause 14

LORD CLEMENT-JONES

25

Page 15, leave out lines 15 and 16 and insert—

“(b)   which directly displays clearly the product and its complete
trade designation and associates the product with the
number of the patent or patents which relate to it”

LORD STEVENSON OF BALMACARA

LORD YOUNG OF NORWOOD GREEN

25ZA*

Page 15, leave out lines 15 and 16 and insert—

“(b)   which directly displays clearly the product and its complete
trade designation and associates the product with the
number of the patent or patents which relate to it.”

Clause 15

LORD CLEMENT-JONES

25A

Page 15, line 28, leave out subsection (4)

LORD STEVENSON OF BALMACARA

LORD YOUNG OF NORWOOD GREEN

25B*

Page 15, line 31, after “not” insert “clearly”

Clause 16

LORD STEVENSON OF BALMACARA

LORD YOUNG OF NORWOOD GREEN

25C*

Page 16, line 14, at end insert—

“( )   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 Court Service,

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

(iv)   any other appropriate body;

(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, confer local divisional court
jurisdiction on—

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

(ii)   in Scotland, the Court of Session;

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

25D*

Page 16, leave out lines 22 and 23 and insert—

“(5)   For giving effect in the United Kingdom to the provisions of the
Agreement on a Unified Patent Court made in Brussels on 19
February 2013, the Secretary of State may by order make
provision—

(a)   to confer jurisdiction on a court, remove jurisdiction from a
court or vary the jurisdiction of a court, having regard to the
need for reasonable access to such courts across the United
Kingdom;

(b)   to require payment of fees to any court having jurisdiction;

(c)   to vary the application of specified provisions of this Act so
that they correspond to the provisions made by the
Agreement.”

Clause 20

LORD JENKIN OF RODING

LORD CLEMENT-JONES

26

Page 18, line 2, after “growth” insert “arising from the creation and exploitation of
intellectual property”

LORD HOWARTH OF NEWPORT

26A*

Page 18, line 6, at end insert—

“(iii)   legislation, the policy of the government and the activities of
the Patent Office have balanced the interests of the owners
of intellectual property and the wider interests of society.”

LORD JENKIN OF RODING

LORD CLEMENT-JONES

27

Page 18, line 10, at end insert—

“( )   The Secretary of State must make a statement to Parliament detailing the
findings of the report referred to in subsection (1) and what actions he
intends to take as a result of any recommendations of the report.”

28

Page 18, line 10, at end insert—

“( )   In producing the report in subsection (1), the Secretary of State shall
consider any responses collected by the Patent Office in response to
consultations or investigations carried out for the purpose of the
production of this report, including its assessment of the role of the
effective operation and protection of IP rights licensing in promoting
economic growth.”

LORD HOWARTH OF NEWPORT

28ZA*

Page 18, line 10, at end insert—

“( )   The report must include information detailing all lobbying approaches
made to the Government and the Patent Office by representatives of
commercial interests and all meetings and other conversations and
discussions held by them with representatives of commercial interests
during that year.”

After Clause 20

LORD JENKIN OF RODING

LORD CLEMENT-JONES

28A

Insert the following new Clause—

“Lookalikes

(1)   A person (“A”) shall not, in relation to any goods or services, use any
features of packaging, marking, labelling or decoration in such a way that
the public is likely to attribute to A’s goods or services the reputation of
another person (“B”) or the qualities or reputation of B’s goods or services.

(2)   For the purposes of subsection (1) it is immaterial whether there is any
similarity between the goods or services of A and those of B.

(3)   Subsection (1) shall not apply to features of packaging, marking, labelling
or decoration that are commonplace.”

Clause 21

VISCOUNT YOUNGER OF LECKIE

28B

Page 19, line 30, leave out from “Part” to end of line 32 and insert “, or any of its
provisions, to a specified country;

(c)   make provision for applying this Part, or any of its
provisions, to any country of a specified description;

(d)   make provision for the application of legislation to a
country under paragraph (b) or (c) to be subject to specified
restrictions.”

28C

Page 19, line 33, leave out “(4)(b)” and insert “(4)”

28D

Page 19, line 37, after “(4)(b)” insert “or (c)”

28E

Page 19, line 38, after “country” insert “or countries”

28F

Page 19, line 39, leave out “Order” and insert “provision under subsection (4)(b) or
(c)”

28G

Page 19, line 40, at end insert—

“(6A)    Application under subsection (4)(b) or (c) is in addition to
application by subsections (1) to (3).

(6B)   Provision made under subsection (4)(c) may cover countries that
become (or again become) of the specified description after the
provision comes into force.”

28H

Page 20, line 18, after “(bb)” insert “or (c)”

28J

Page 20, line 22, at end insert—

“(c)   make provision for the application of this Part to a country
added under paragraph (b) to be subject to specified
restrictions.”

28K

Page 20, line 29, at end insert—

“( )   In section 208(5) of that Act (which, so far as it gives power to designate any
of the Channel Islands or the Isle of Man, is superseded by the new section
206(1)(ba)) omit “any of the Channel Islands, the Isle of Man or”.”

After Clause 21

LORD CLEMENT-JONES

29

Insert the following new Clause—

“Remote e-lending

(1)   Section 5(2) of the Public Lending Right Act 1979 (interpretation) is
amended as follows.

(2)   At the end of the definition of “lent out” omit “but paragraph (b) does not
include being communicated by means of electronic transmission to a place
other than library premises”.”

30

Insert the following new Clause—

“Copyright in broadcast

Omit section 73 of the Copyright, Designs and Patents Act 1988 (reception
and re-transmission of wireless broadcast by cable).”

31

Insert the following new Clause—

“Criminal liability

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

(2)   In section 107(4A)(b) (criminal liability for making or dealing with
infringing articles, etc) for “two” substitute “ten”.

(3)   In section 198(5A)(b) (criminal liability for making, dealing with or using
illicit recordings) for “two” substitute “ten”.

Prepared 12th June 2013