Intellectual Property Bill [HL]

Page 18, line 19, after “Kingdom,” insert—

“(iii)   progress has been made in protecting metadata”

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.”

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).”

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”.”

Insert the following new Clause—

“Private copying exception

In section 28 of the Copyright, Designs and Patents Act 1988 (introductory
provisions), after subsection (4) insert—

“(5)   Any provisions of this Chapter relating to an exception for private
copying shall not apply where further copies of copyright works
are commercially available, under the terms of the acquisition of the
copy of the copyright work concerned, by or with the authority of
the copyright owner.””