This post provides an update on a number of government consultations. Consultation on s.52 CDPAOur last blog posting on the repeal of s.52 CDPA was back in July. In summary, the Government passed
This post provides an update on a number of government consultations.
Our last blog posting on the repeal of s.52 CDPA was back in July. In summary, the Government passed legislation in 2013 to repeal s.52 CDPA, which gives 25 year copyright protection to artistic copyright works which have been industrially applied. The repeal was due to take effect on 6 April 2020 but was revoked after it became the subject of a judicial review. At the end of October, the Government released its consultation on the issue, which is running until 9 December 2015. The consultation welcomes opinions on the new transitional provisions covering the time period until repeal, the status of existing stock, the status of artistic copyright works made before 1 June 1957 and the repeal of compulsory licensing provisions.
Another consultation has recently closed on whether the UK should accede to the Hague Agreement on the international registration of industrial designs.The Hague Agreement establishes a system for international registration of industrial designs by the filing of a single international application with WIPO or the applicant's member state office. The UK has had ‘access’ to the Hague system via EU accession since 2008. However, the recently enacted Intellectual Property Act 2014 now gives the UK the power to accede to the Hague Agreement in its own right. This would put it in line with the other 14 EU countries which have signed up to the system. The accession would be good news for UK designers as it would give them the option of protecting their designs within contracting states (including USA) with a single application and significant costs benefits. However, the Government has sought views and experiences of using the international registration system for protecting industrial designs.
The Intellectual Property of the Law Society published a detailed response in favour of the accession for reasons of cost savings for users and additional revenue for the UK IPO. The Government will hope this positive feedback will help them to pass secondary legislation to allow the UK to accede to the Agreement.
A technical consultation has also recently ended on how the Collective Rights Management Directive (2014/26EU) will be implemented into UK law. This gives stakeholders a chance to comment on the detailed proposals for transposition of the Directive and the practical effect of the proposed new regulations.
Directive 2014/26/EU on Collective Rights Management seeks to facilitate online usage of music and to protect artists throughout the EU by making it easier to obtain licences. The aim is to allow better functioning of the organisations behind Collective Rights Management and is underpinned by the Digital Single Market and Europe 2020 Strategy.
In February 2015 the UK Government undertook a consultation process on the implementation of the Directive into UK law – a process which must be completed by 10 April 2016. The consultation focused on the interaction between the Directive and current UK legislation (Copyright (Regulation of Relevant Licensing Bodies) Regulations 2014) which already provides minimum standards of governance for Collective Management Organisations in the UK. The responses to the consultation were published in July together with the government's response. The conclusion was that the Directive should be implemented in a way which minimised the burden on UK businesses whilst maintaining important protections that are prevalent in the existing regulations.
- Consultation on s.52 CDPA
Our last blog posting on the repeal of s.52 CDPA was back in July. In summary, the Government passed legislation in 2013 to repeal s.52 CDPA, which gives 25 year copyright protection to artistic copyright works which have been industrially applied. The repeal was due to take effect on 6 April 2020 but was revoked after it became the subject of a judicial review. At the end of October, the Government released its consultation on the issue, which is running until 9 December 2015. The consultation welcomes opinions on the new transitional provisions covering the time period until repeal, the status of existing stock, the status of artistic copyright works made before 1 June 1957 and the repeal of compulsory licensing provisions.
- Implementing the Hague Agreement into UK Law
Another consultation has recently closed on whether the UK should accede to the Hague Agreement on the international registration of industrial designs.The Hague Agreement establishes a system for international registration of industrial designs by the filing of a single international application with WIPO or the applicant's member state office. The UK has had ‘access’ to the Hague system via EU accession since 2008. However, the recently enacted Intellectual Property Act 2014 now gives the UK the power to accede to the Hague Agreement in its own right. This would put it in line with the other 14 EU countries which have signed up to the system. The accession would be good news for UK designers as it would give them the option of protecting their designs within contracting states (including USA) with a single application and significant costs benefits. However, the Government has sought views and experiences of using the international registration system for protecting industrial designs.
The Intellectual Property of the Law Society published a detailed response in favour of the accession for reasons of cost savings for users and additional revenue for the UK IPO. The Government will hope this positive feedback will help them to pass secondary legislation to allow the UK to accede to the Agreement.
- Collective Rights Management Directive – Technical Consultation
A technical consultation has also recently ended on how the Collective Rights Management Directive (2014/26EU) will be implemented into UK law. This gives stakeholders a chance to comment on the detailed proposals for transposition of the Directive and the practical effect of the proposed new regulations.
Directive 2014/26/EU on Collective Rights Management seeks to facilitate online usage of music and to protect artists throughout the EU by making it easier to obtain licences. The aim is to allow better functioning of the organisations behind Collective Rights Management and is underpinned by the Digital Single Market and Europe 2020 Strategy.
In February 2015 the UK Government undertook a consultation process on the implementation of the Directive into UK law – a process which must be completed by 10 April 2016. The consultation focused on the interaction between the Directive and current UK legislation (Copyright (Regulation of Relevant Licensing Bodies) Regulations 2014) which already provides minimum standards of governance for Collective Management Organisations in the UK. The responses to the consultation were published in July together with the government's response. The conclusion was that the Directive should be implemented in a way which minimised the burden on UK businesses whilst maintaining important protections that are prevalent in the existing regulations.