Intellectual Property Bill [HL]

Page 11, line 30, after “person” insert “deliberately”

Page 12, line 7, at end insert—

“(3A)    A person may not be charged with an offence under this section
until a decision made by the court or the Intellectual Property
Office, and not subject to appeal, has found the person to have
infringed a valid registered design.”

Page 12, line 10, at end insert—

“(4A)    It is also a defence for a person charged with an offence under this
section to show that he believed on reasonable grounds that the use
of the design in the manner in which it was used, or was to be used,
did not infringe the right in the design.”

Page 16, line 30, at end insert—

“(2A)    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, 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, consider conferring local
divisional court jurisdiction on—

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

(b)   in Scotland, the Court of Session;

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

Insert the following new Clause—

“Report on documenting unregistered design rights

The Secretary of State will, within 12 months of this Act coming into force,
report to both Houses of Parliament on plans to—

(a)   publicise the routes available to designers for evidencing the
existence of a design right and documenting its existence on a
particular date;

(b)   look into ways of making the creation of an audit trail of a design
more accessible to holders of design rights.”

Insert the following new Clause—

“Penalties in intellectual property legislation

(1)   Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972
(limitation on criminal penalties) does not apply for the purposes of
provision under section 2(2) of that Act amending—

(a)   the Registered Designs Act 1949 (except sections 33, 34, 35 and
35ZA);

(b)   the Copyright, Designs and Patents Act 1988 (except sections 107,
198, 296ZB, 297, 297A), and

(c)   the Trade Marks Act 1994 (except sections 92, 94 and 95).

(2)   Subsection (1) applies to any provision under section 2(2) of the European
Communities Act 1972 whether it was made before or after the
commencement of this section.

(3)   Sections 75 and 78 of the Enterprise and Regulatory Reform Act 2013 are
omitted.”