Memorandum submitted by Alliance Against
IP Theft
1. Established in 1998, the Alliance Against
Intellectual Property Theft (the Alliance) is a unique coalition
of 17 UK trade associations and enforcement bodies, providing
a single voice for those who share an interest in preventing intellectual
property theft in the UK. With a combined turnover of over £250
billion, our members include representatives of the film/TV, video,
music, games and business software industries, branded manufactured
goods, publishers, retailers and designers.
2. The Alliance Against IP Theft believes that
intellectual property is a cornerstone of the economy. Without
a proper IP framework, both in relation to policy to promote it
and a legal framework to defend it, other policies designed to
enhance innovation will be ineffective.
3. IP is often associated with the creative
or pharmaceutical industries; however it is of equal importance
to the owners of manufactured goods, designers of packaging, jewellery,
software, games and fashion. IP is therefore vital to all those
who are building higher value-added companies.
4. Intellectual property was recognised
as being vital to the economy in the Gowers Review, published
in December 2006 and in Lord Sainsbury's more recent report into
science policy A Race to the Top. The Culture, Media and
Sport Committee also noted the importance of IP in its report
New Media and the Creative Industries, published in May 2007.
These reports clearly laid out the need for an IP framework that
helped strengthen economic development.
5. While we recognise that the Committee's
terms of reference and questions in relation to its inquiry are
not necessarily designed to be focused on IP policy, we believe
that discussion around the development of a higher value-added
economy cannot be separated from discussion of IP. We have therefore
focused our response around two questions where we believe discussion
of IP policy is most relevant:
— What the government can do to further
promote higher value-added business activities and innovative
thinking among UK businesses.
— The effectiveness of machinery of
government arrangements in encouraging innovation and creativity.
What the government can do to further promote
higher value-added business activities and innovative thinking
among UK businesses
6. As the Gowers Review pointed out, "The
ideal IP system creates incentives for innovation, without unduly
limiting access for consumers and follow-on innovators. It also
recognised that while the IP system was overall fit for purpose,
there was scope for reform".
7. The Alliance welcomed the Gowers Review and
the focus it provided for IP policy. We have also welcomed the
implementation by Government of some of its recommendations. There
is, however, much still to be done.
8. The current consultation on the Law on
Damages, being conducted by the Ministry of Justice, is the first
concrete test of the Government's commitment to IP. The Alliance
would like to see a civil damages regime that clearly acts as
a deterrent to IP theft and enables business to help itself. Similarly,
we are eagerly awaiting a consultation from the Department for
Business, Enterprise and Regulatory Reform into the regulation
of markets, including car-boot sales. The Alliance is also keen
to ensure that Trading Standards are given the proper resources
to enforce IP laws and for the Serious and Organised Crime Agency
to become the enforcement agency it was designed to be and not
just an intelligence gatherer.
9. If the Government can make changes that
will enhance the IP framework, businesses will be more likely
to commit greater sums of money to innovation, help themselves
by defending their IP more vigorously and invest in programmes
that help to build understanding about the importance of IP. Commitment
across Government departments, not just those with a clear mandate
to promote enterprise, would be very helpful.
The effectiveness of machinery of government arrangements
in encouraging innovation and creativity
10. As the answer to the question above
demonstrates, Government policy on IP is impacted by a broad range
of departments. While we welcomed the creation of the first ever
Minister for IP & Quality during the Government re-organisation,
announced at the end of June, enforcement of IP rights (an important
part of IP protection) is not his responsibility and it did create
yet another Department to manage.
11. It is clear that those Government departments
with a clear role in promoting innovation and creativity have
a good understanding of the IP framework and its importance. Other
departments however, who are as crucial in the delivery of the
legal framework to protect IP, seem less supportive and threaten
industry's ability to continue investing in innovation and creativity.
The Alliance sees its role as helping to ensure that responsibility
is taken across Government to deliver a suitable IP framework,
but greater co-ordination and understanding in some Government
departments would be helpful.
Members of the Alliance Against IP Theft Include:
Anti Counterfeiting Group
British Jewellery and Giftware Federation
British Phonographic Industry
British Video Association
Business Software Alliance
Cinema Exhibitors Association
Copyright Licensing Agency
Entertainment and Leisure Software Publishers
Association
Entertainment Retailers Association
Federation against Software Theft
Film Distributors Association
Institute of Trade Mark Attorneys
Newspaper Licensing Agency
Publishers Licensing Society
October 2007
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