UK IP reforms face House of Lords test
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 2023

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

UK IP reforms face House of Lords test

Westminster-comp.jpg

Members of the House of Lords are debating controversial plans to repeal or replace all EU legislation, including swathes of IP laws, by the end of 2023

The UK government’s plan to repeal or reform at least 60 pieces of EU-era intellectual property laws by the end of this year faced its first real hurdle yesterday, February 6, after the House of Lords indicated it might seek changes.

The Retained EU Law (Revocation and Reform) Bill 2022 was subject to a second reading in the Lords, the upper chamber of the UK parliament, last night. The bill passed the House of Commons, the lower chamber, in January.

A first reading took place in the Lords late last month. However, these proceedings are usually just a formality. It is only on second reading that members get a chance to properly debate a bill’s contents.

Last night’s debate, which lasted more than five hours, finished shortly after 10.30pm. A written transcript showed that some members were concerned about the bill’s provisions – including on IP rights.

According to the Liberal Democrat politician Lord Clement-Jones, who is also a consultant and former London managing partner at DLA Piper, a “potentially massive” change to IP rights is on the cards.

“If these [IP rights] fall away, it creates huge uncertainty and incentive for litigation. The IP regulations and case law on the dashboard which could be sunsetted encompass a whole range, from databases, computer programs and performing rights to protections for medicines,” Clement-Jones said.

In an article for UK politics website Politics Home ahead of the debate, Lord Kirkhope, a Conservative politician, said he anticipated that the bill would face opposition from across the chamber.

The bill was published in September last year. It set out plans to repeal all retained EU law by December 31 2023 unless directly converted into national law or tweaked.

According to reports earlier this year, some departments were keen for the deadline to be extended until 2026. There is already a provision in the bill allowing for an extension to 2026, but the intention was for this to only apply to the most complex laws.

However, the government has insisted it will plough ahead with its plans.

In last night’s debate, Clement-Jones also highlighted artists’ resale and royalty rights as particularly at risk.

“Visual artists are some of the lowest-earning creators, earning between £5,000 and £10,000 a year. Are these rights dispensable? Have the government formed any view at all yet?” he asked.

Those are just a handful of the IP rights that could be swallowed up into the bill.

Of the thousands of laws implemented during the UK’s membership of the EU, at least 60 were related to IP. Vast swathes of the UK’s trademarks, designs, and trade secrets regimes originate from EU statutes.

The next stage for the bill is the committee stage, during which every clause of the bill has to be agreed and votes on any suggested amendments are allowed. This is expected to take place later this month.

However, it is likely that it will shift between the two houses as any amendments made in the Lords would need to be considered by the House of Commons.

more from across site and ros bottom lb

More from across our site

Each week Managing IP speaks to a different IP practitioner about their life and career
Sources debate the implications of an opinion by Delaware’s chief judge Colm Connolly that lambasted the NPE IP Edge
Five partners reveal how delays in examining trademark applications are affecting their advice to clients and how they pitch new work
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
Partners at Quinn Emanuel explain how walkie-talkie and real-estate analogies helped them win over a jury at the Eastern District of Texas
The heads of Malaysian firm HHQ’s new technology practice group say they can be frontline advisers on the intersection between AI, blockchain, and IP
Darren Jiron, Finnegan’s managing partner in London, discusses the firm’s growth plans and misconceptions about US firm culture
The EMEA region research cycle has commenced - do not miss this opportunity to nominate your work from 2023!
A former partner at Stroock & Stroock & Lavan, which voted to dissolve in October, has joined McCarter & English
As ChatGPT celebrates its first birthday, we are still grappling with a multitude of IP concerns