Intellectual Property Office (2015a)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Intellectual Property Office (2015a)
Title: Unjustified threats on intellectual property rights: Government Response
Author(s): Intellectual Property Office
Year: 2015
Citation: Intellectual Property Office (2015). Unjustified threats on intellectual property rights: Government Response.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by: Intellectual Property Office (2015b)
About the Data
Data Description: The government received 12 responses to the discussion paper, including responses from lawyers, company and industry representatives, IP and legal interest groups and the IP judiciary. In addition to answering the questions that were posed, a number of respondents also made comments about particular aspects of the draft bill, often relating to the specifics of the wording.
Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: Yes
Time Period(s) of Collection:
  • 2015
Funder(s):
  • Intellectual Property Office

Abstract

The IPO launched a discussion document on 22 October 2015, following the publication of the Law Commission’s final report on reforming the law of unjustified threats on intellectual property infringement. The government received 12 responses to the discussion paper which are discussed below.

Main Results of the Study

  • Respondents stressed that the current statutory rights are inconsistent and unclear; one respondent noting that as a result small businesses may feel discouraged from asserting their IP rights. It was also felt that the lack of consistency across the registered rights is confusing. It was commented that the current laws can create a “potential for mischief”, causing uncertainty and conflict between clients and advisers.
  • The general approach to reform, as recommended by the Law Commission, received wide support. Most commented that they saw the benefits of the proposals in the draft bill which seek to achieve clear harmonisation of the provisions and encourage easier communication. Respondents noted that the proposed reforms will provide further clarity for parties exchanging information thereby preventing difficulties and avoiding litigation. In their view the government’s proposals will rightly discourage unjustified threats. One comment emphasised that the consistent rules implemented as a result of the reform would make the law more coherent and intelligible.
  • The majority of respondents considered the draft bill to be suitable for the special Law Commission Bill procedure, agreeing that the proposals are uncontroversial. It was noted that key stakeholders have been consulted and that the sensible and measured changes proposed have a strong consensus of support. A number of respondents have nevertheless made specific comments on the wording of the draft bill. One respondent stated that their support for the use of the special procedure would be dependent on reassurance and clarification being provided on two areas of the draft bill.


Policy Implications as Stated By Author

The vast majority of responses to the questions posed in the discussion document were positive. In light of this the government will continue to investigate introducing the reforms via the special procedure which exists for bills implementing uncontroversial Law Commission recommendations.


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)
Green-tick.png

Datasets

Sample size: 12
Level of aggregation: Stakeholders
Period of material under study: 2015