Intellectual Property Bill [HL]

Amendments
to be moved
ON REPORT

After Clause 13

LORD CLEMENT-JONES

 

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 (2) 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.””

Clause 16

VISCOUNT YOUNGER OF LECKIE

 

Page 17, line 2, at end insert—

“88B          Designation as international organisation of which UK is member

The Unified Patent Court is to be treated for the purposes of section
1 of the International Organisations Act 1968 (organisations of
which the United Kingdom is a member) as an organisation to
which that section applies.”

Clause 21

VISCOUNT YOUNGER OF LECKIE

 

Page 20, line 17, leave out “the Berne” and insert “any Act of the International”

Prepared 18th July 2013