Copyright
(asked on 10th November 2014) - View Source
Question
To ask Her Majesty’s Government what are their reasons for proposing an extended three-year transition period from April 2015 for the implementation of section 74 of the Enterprise and Regulatory Reform Act 2013, in the light of the current extent of counterfeiting.
This question was answered on 21st November 2014
The Government’s reasons for proposing a three-year transition period for implementing s74 Enterprise and Regulatory Reform Act 2013 are set out in its recent consultation which concluded on 27 October 2014 (https://www.gov.uk/government/consultations/transitional-provisions-for-the-repeal-of-section-52-of-the-cdpa). This does not represent an extended transition period but the Government’s provisional judgement as to the shortest reasonable period, taking into account the needs of both right owners and those using the current law to trade lawfully. The Government is considering the evidence it received and will make its decision on transitional provisions in the light of this. Current items made under the aegis of s52 of the Copyright, Designs and Patents Act 1988 would not be considered counterfeits. Counterfeit products (i.e. goods which falsely carry the trade mark of a genuine brand without permission) are already subject to legal sanction under separate trade mark legislation.
The Government’s reasons for proposing a three-year transition period for implementing s74 Enterprise and Regulatory Reform Act 2013 are set out in its recent consultation which concluded on 27 October 2014 (https://www.gov.uk/government/consultations/transitional-provisions-for-the-repeal-of-section-52-of-the-cdpa). This does not represent an extended transition period but the Government’s provisional judgement as to the shortest reasonable period, taking into account the needs of both right owners and those using the current law to trade lawfully. The Government is considering the evidence it received and will make its decision on transitional provisions in the light of this. Current items made under the aegis of s52 of the Copyright, Designs and Patents Act 1988 would not be considered counterfeits. Counterfeit products (i.e. goods which falsely carry the trade mark of a genuine brand without permission) are already subject to legal sanction under separate trade mark legislation.