CIPA attacks plans to criminalise design law infringement
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

CIPA attacks plans to criminalise design law infringement

A bill that aims to criminalise the copying of designs could see infringers locked up for 10 years and must be reworded, CIPA, a group representing patent attorneys in the UK, has told the government

The draft Intellectual Property Bill is due to have its third reading in the House of Lords on Tuesday. One of its most controversial provisions would make infringing of registered designs a criminal act, punishable by up to 10 years in prison.

CIPA, theChartered Institute of Patent Attorneys, says that the bill must be modified so that it applies only to deliberate criminal copying of designs.

“CIPA does not see the need for this measure,” says CIPA president and former IBM patent attorney Roger Burt. “The existing ways of going after deliberate copying are adequate.” But he added that if politicians want to change the law they should be very careful how they word it. CIPA has proposed making only “deliberate and sustained copying” a criminal offence.

“In some areas of design, it is commonplace for mass-market goods to be inspired by or even look similar to more exclusive goods,” Burt added. “There is generally no intention to deceive. If this is now to become illegal, it will either clog up the courts and the prisons or, more likely, will cause designers to stop producing goods that bear any resemblance at all to current trends and fashions. Neither outcome would be in the public interest.”

The IPO has published a guide to the design law provisions within the IP Bill which is available on its website.

The proposal to make design infringement a criminal offence is seen as a big success for the industry group Anti-Copying in Design (ACID). Managing IP included founder Dids Macdonald in its 2013 list of the most influential people in IP, published earlier this month.

more from across site and ros bottom lb

More from across our site

A vast majority of corporates – especially smaller businesses – rely on a trusted referral when instructing external counsel, according to a survey of nearly 29,000 in-house counsel
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
The Munich Regional Court ruled that Lenovo was an unwilling licensee and had engaged in ‘holdout’ tactics
Technological innovation should play a critical role in advancing sustainable practices, argues Justin Delfino, global head of IP and R&D at Evalueserve
Ewan Grist of Bird & Bird, who acted for Lidl in its trademark victory against Tesco, reveals some of the lessons brand owners can take from the judgment
Dolby’s lawsuit at the Delhi High Court follows a record win by Ericsson earlier this year against the same defendant
Tee Tan, chief information officer at the owner of several IP firms, says to avoid tech just for the sake of it and explains how his company builds in-house tools
Regardless of whether the FTC’s ban on non-competes goes into effect, businesses should stop relying on these agreements
Mary Till, a former legal advisor at the USPTO who has joined Finnegan this week, is looking forward to providing clients with a USPTO perspective
IP in-house counsel who receive lots of pitches from AI vendors explain how they review them – or why they ignore them
Gift this article