Author Archives: HM Government

What’s changed?

The criminal law provisions relating to online copyright infringement have changed. The maximum sentence that can be levied is now ten years. This change brings the law in line with what is already available for physical copyright infringement.

The changes affect sections 198 1(A) and 107 2(A) of the Copyright Designs and Patents Act. These sections outline criminal offences arising from infringement of a performers making available right, and their communication right.

An additional mens rea has also been introduced. It must now be proved that a person “knows, or has reason to believe that the act of infringement will cause loss to the owner of the right or expose the owner of the right to a risk of loss”.

The facts

These offences do not criminalise the downloading of material, although civil action can be taken against any infringer in these circumstances.

In some circumstances the downloading of material can also involve the re-upload of the same material, which may mean the requirements of the offences are met.

To avoid the risk of any civil or criminal action being taken against you our advice is to access content legally. If you are unsure how to do this Get it Right from a Genuine Site can help you.

The new law on threats is clearer, consistent across all relevant IP rights, and will help businesses to avoid expensive litigation.

An unjustified threat is made when someone unfairly threatens someone else with legal action for infringing their intellectual property, when no infringement has actually taken place. These threats are costly and disruptive, drive customers away and stop businesses trading legitimately in goods and services.

The IP (Unjustified Threats) Act 2017 will:

• help businesses negotiate fairly over IP disputes, and protect businesses who can be most harmed by unjustified threats
• make it clear what you can and can’t say when approaching another business about an alleged infringement
• help IP owners and third parties understand when an approach is a threat
• encourage IP owners to approach the source of the alleged infringement, rather than customers or retailers
• encourage a culture of allowing businesses to “talk first”, rather than head to court
• bring consistency and certainty across this complex area of IP law

Why did we make the changes?

The law was complex, unclear, and inconsistent between the various IP rights involved. It made IP owners, particularly SMEs, reluctant to try and enforce their IP. It also made it difficult for businesses to make legitimate attempts to settle an IP dispute before going to court. The changes follow from detailed proposals put forward by the Law Commission for reform in this area of law.

Read our business guidance to find out more information on unjustified threats and how they affect the actions you can take.

What’s changed?

From today registered design owners can mark their product with a website address to show the product is protected by a registered design. Previously the only way to do this was to put the registered design number on the product. The webpage must clearly set out the registered design number(s) relevant to that product.

Removing the need to mark the registered design numbers directly on the product will reduce burdens and costs for businesses and individuals who own registered designs.

Why is it important to show the design is registered?

Marking the product as protected by a registered design is optional, but it gives the design owner the best chance of being awarded financial remedies if their design is infringed. Using a website address will also make it easier for the public to access up-to-date registered design information in relation to a product.

Read our guidance on how to display your rights.