Royal Assent for Digital Economy and Intellectual Property (Unjustified Threats) Bills

The 27 April 2017 saw both the Digital Economy Bill and the Intellectual Property (Unjustified Threats) Bill receive Royal Assent in the “wash-up” period prior to the formal dissolution of Parliament on 3 May 2017.

The Digital Economy Bill, as introduced, included a number of provisions that are relevant to the Intellectual Property and Information Technology as well as the Media and Telecoms sectors.

In relation to the Intellectual Property and Information Technology sector, the Bill includes provisions providing for the increase of the maximum penalties for online copyright infringement from two years to ten years to match penalties for physical infringement; and for the repeal of the defence provided for under the Copyright, Designs and Patents Act 1988 against copyright infringement for retransmissions by cable. The Bill also includes a clause amending a provision of the Registered Designs Act 1949 to make it possible to give notice of registered design rights by marking products with a website address at which the details of the registration would be published.

In relation to the Media and Telecoms sector, the Bill includes measures to establish a law requiring age verification for commercial pornographic websites and applications. It also includes various provisions in relation to telecoms, such as power to introduce a broadband universal service obligation, and a new Electronic Communications Code.

The Intellectual Property (Unjustified Threats) Bill extends to trade marks and designs the existing exception in patent cases (introduced in 2004) for threats made to a primary actor. It provides a “safe harbour” to allow a rights-holder to communicate with a secondary actor in certain circumstances by introducing the concept of “permitted communications”, meaning communications made for a permitted purpose and containing information necessary for the purpose. It also introduces a new provision preventing threats actions from being brought against professional advisers who act on instructions and who identify their client in the communication.

These are welcome changes which will operate to ensure that trade mark and design owners (together with their legal advisers) can in certain circumstances protect their trade mark and design rights without the fear of unjustified threats of litigation.

If you would like more information on either of the Digital Economy Bill or the Intellectual Property (Unjustified Threats) Bill, please contact us.

Tidman Legal is an Edinburgh-based firm specialising in intellectual property and technology law.