Intellectual Property Bill [HL]

Page 12, line 12, at end insert—

“( )   The reference in subsection (3) to using a product in the course of a
business does not include a reference to using it for a purpose
which is merely incidental to the carrying on of the business.”

Insert the following new Clause—

“Offences committed by partnerships

At the end of section 35A of the Registered Designs Act 1949 (the title to
which becomes “Offence by body corporate or partnership: liability of
officers or partners”) insert—

“(3)   Proceedings for an offence under this Act alleged to have been
committed by a partnership are to 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 (6) or (7).

(4)   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, Schedule 3 to the Magistrates’ Courts
Act 1980;

(c)   in Northern Ireland, Schedule 4 to the Magistrates’ Courts
(Northern Ireland) Order 1981.

(5)   A fine imposed on a partnership (other than a Scottish partnership)
on its conviction in such proceedings must be paid out of the
partnership assets.

(6)   Where a partnership (other than a Scottish 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.

(7)   Where an offence under this Act committed by a Scottish
partnership is proved to have been committed with the consent or
connivance of a partner in the partnership, or a person purporting
to act in that capacity, he as well as the partnership is guilty of the
offence and liable to be proceeded against and punished
accordingly.””