Gowers (2006)

From Copyright EVIDENCE
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Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education Libraries, archives, museums and other cultural activities

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing Video game publishing 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

Gowers (2006)
Title: Gowers Review of Intellectual Property
Author(s): Gowers, A.
Year: 2006
Citation: Gowers, A. (2006). Gowers Review of Intellectual Property. The Stationery Office.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by: Bmrb Social Research (2009), Brassell and Goodyer (2015), Brooks (2005), Digital, Culture, Media and Sport Committee (2021), Favale, Homberg, Kretschmer, Mendis and Secchi (2013), Greenhalgh, Phillips, Pitkethly, Rogers and Tomalin (2010), Guibault, Westkamp and Rieber-Mohn (2007), Hargreaves (2011), Hooper and Lynch (2012a), Intellectual Property Office (2018), Kretschmer and Towse (2013), Ofcom-Kantar (2013), Rogers, Corrigan, and Tomalin (2010), Vetulani (2008), Vuopala (2010), Waelde, Kheria and Levin (2015)
About the Data
Data Description: The Gowers Review of Intellectual Property covers the 4 core elements of IP: Copyright, Designs, Patents and Trademarks.

Specific to copyright the review draws on a broad range of primary (research commissioned for the report and responses to calls for evidence) and secondary sources.

The primary source data includes research carried out by….

The Review call for evidence elicited 517 responses and a petition on extending copyright term for sound recordings. These responses varied from submissions by individuals (including creators, representatives and academics) to those made by corporate stakeholders (collecting societies, public sector organisation and trade bodies among others).

The secondary source data is largely drawn from two distinct types of source: industry data (e.g. annual statements) and academic studies of relevant issues (e.g. Brooks 2005)

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:
  • Pre-2006
Funder(s):
  • HM Treasury

Abstract

For many citizens, Intellectual Property (IP) is an obscure and distant domain – its laws shrouded in jargon and technical mystery, its applications relevant only to a specialist audience. And yet IP is everywhere. Even a simple coffee jar relies on a range of IP rights – from patents to copyright, designs to trade marks.

In the modern world, knowledge capital, more than physical capital, drives the UK economy. Against the backdrop of the increasing importance of ideas, IP rights, which protect their value, are more vital than ever. The ideal IP system creates incentives for innovation, without unduly limiting access for consumers and follow on innovators. It must strike the right balance in a rapidly changing world so that innovators can see further by standing on the shoulders of giants.

The Government’s decision to commission this Review was an explicit recognition both of the growing importance of IP and of the challenges brought by the changing economic environment. In commissioning the Review, the Chancellor and the Secretaries of State for Trade and Industry, and Culture, Media and Sport asked me to establish whether the system was fit for purpose in an era of globalisation, digitisation and increasing economic specialisation.

The answer is a qualified ‘yes’. I do not think the system is in need of radical overhaul. However, taking a holistic view of the system, I believe there is scope for reform to serve better the interests of consumers and industry alike. There are three areas in which the Review concentrates its recommendations to improve the UK framework for innovation:

• strengthening enforcement of IP rights, whether through clamping down on piracy or trade in counterfeit goods; • reducing costs of registering and litigating IP rights for businesses large and small; and • improving the balance and flexibility of IP rights to allow individuals, businesses and institutions to use content in ways consistent with the digital age.

Much IP policy is framed by European, and indeed global, treaties and agreements. I recognise that not all the recommendations are within the direct purview of the UK Government. However, I have not shied away from making recommendations with European or broader international import when they seemed necessary. Indeed, with the European Commission currently reviewing both the copyright acquis and the question of a Community patent, this is a timely point at which to put forward the Review’s arguments.

I would like to express my thanks to all those who assisted me in producing this Review. Many individuals and organisations gave generously of their time to contribute insights, and in particular the great diversity and depth of responses to the Call for Evidence were invaluable. I owe a special debt to the Review team, who have supported me throughout: Richard Sargeant, Steve Coles, Alastair Cowie, Suzy Kantor, Nicola Kay, Stephen Rowan and Nathan Sansom.

I hope this Review provides sound recommendations on how the IP regime should respond to the challenges that it faces. Getting the balance right is vital to driving innovation, securing investment and stimulating competition. Lasting success will belong to those who get this right.

Main Results of the Study

Policy Implications as Stated By Author

The review states the following about instruments of Intellectual Property (IP); patents, copyright, trade marks and designs.

• balance; the instruments should ensure that the incentive to innovate is balanced against the ability of follow-on innovators to access knowledge.

• coherence; the instruments should be clear and consistent; the scope of rights should not change retrospectively in order to ensure trust in the system; and the international system should promote innovation in all countries.

• flexibility; the instruments should be flexible in order to respond to the changing economic environment and the needs of rights holders and users.

The Review has shown that while in many regards the UK IP system works well, there are a number of areas where it could perform even better. The Review has made a number of recommendations to improve the framework for innovation; in particular it has called for:

• stronger enforcement of IP rights to ensure practical protection is provided for rights owners and effective deterrents to infringement are in place; • lower operational costs for business, simplifying processes such as licensing and litigation, and improving education and advice; and • greater balance and flexibility of IP rights to allow individuals, businesses and institutions to use information and ideas in ways consistent with the digital age.

Specific to copyright the review made the following key 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
Green-tick.png
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)
Green-tick.png
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)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Green-tick.png
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
Mass digitisation/orphan works (non-use; extended collective licensing)
Green-tick.png
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)

Datasets