Intellectual Property Bill [HL]

revised
third
marshalled
list of Amendments
to be moved
in grand committee

[Amendments marked * are new or have been altered]

Clause 20

LORD STEVENSON OF BALMACARA

LORD YOUNG OF NORWOOD GREEN

25F

Page 18, line 1, after “to” insert “job creation and”

LORD JENKIN OF RODING

LORD CLEMENT-JONES

LORD STEVENSON OF BALMACARA

LORD YOUNG OF NORWOOD GREEN

26

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

LORD STEVENSON OF BALMACARA

LORD YOUNG OF NORWOOD GREEN

26ZA

Page 18, line 5, after “facilitating” insert “job creation and”

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 STEVENSON OF BALMACARA

LORD YOUNG OF NORWOOD GREEN

26B

Page 18, line 7, after “the” insert “creation of employment and”

26C

Page 18, line 10, at end insert—

“(c)   plans for the next 12 months for changes to legislation relating to
intellectual property and copyright and details of the expected
impact on job creation and the promotion of innovation and of
economic growth in the United Kingdom;

(d)   the Secretary of State’s opinion of the extent to which during that
year—

(i)   the work of the Intellectual Property Office’s engagement
with other related government departments and
stakeholders has contributed to job creation and to the
promotion of innovation and of economic growth in the
United Kingdom; and

(ii)   the work of the Intellectual Property Office and other
government related departments has contributed to job
creation and to the promotion of innovation and of
economic growth in the United Kingdom;

(e)   information concerning consumer behaviour and habits regarding
the use of, and access to, copyright infringing material and its
economic impact;

(f)   information concerning manipulation of the internet search market;

(g)   information concerning prioritisation in search engine results of
websites hosting copyright infringing material; and

(h)   the impact of voluntary and non-voluntary action in tackling
copyright infringement.”

LORD JENKIN OF RODING

LORD CLEMENT-JONES

LORD STEVENSON OF BALMACARA

LORD YOUNG OF NORWOOD GREEN

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.”

LORD STEVENSON OF BALMACARA

LORD YOUNG OF NORWOOD GREEN

28AA

Insert the following new Clause—

“Director General of Intellectual Property Rights

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

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

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.

(3)   In performing those duties, the Director General must also have
regard to the desirability of—

(a)   promoting the importance of intellectual property in the
UK,

(b)   encouraging investment and innovation in new UK
intellectual property, and

(c)   protecting intellectual property against infringement of
rights.””

28AB

Insert the following new Clause—

“Future of intellectual property

Subordinate legislation to implement the government’s policy statement
entitled “Modernising Copyright” published in December 2012 will not be
brought forward until the Secretary of State has published, and laid before
both Houses of Parliament, a report setting out the government’s long term
plans for the future of intellectual property in the United Kingdom.”

28AC

Insert the following new Clause—

“Compensation for financial loss

(1)   Section 97 of the Copyright, Designs and Patents Act 1988 is amended as
follows.

(2)   At the end of subsection (2), insert “including in addition to or as an
alternative to compensating the plaintiff for financial loss a lump sum
equivalent to the amount of royalties or fees which would have been due
had authorisation to use the relevant rights been requested”.

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 18th June 2013