We have previously posted on the government's consultation on the repeal of section 52 of the Copyright, Designs and Patents Act 1988 ("CDPA") (see here). In summary, section 52 of the CDPA limits
We have previously posted on the government's consultation on the repeal of section 52 of the Copyright, Designs and Patents Act 1988 ("CDPA") (see here). In summary, section 52 of the CDPA limits copyright protection for artistic works which have been industrially manufactured. When more than 50 copies have been made of such an artistic work, the period of copyright protection is limited to 25 years after the work is first marketed, in comparison to other artistic works which are protected for the life of the author plus 70 years. When the repeal of section 52 is put into effect, any artistic work, whether 2D or 3D, which qualifies for protection, will benefit from the full term of copyright protection of the life of the author plus 70 years.
The IPO has now published its response to the consultation on the transition period (see here) and announced that the repeal will be implemented on 6 April 2020.
The report provides further detail about the Government's decision on transitional provisions, including the intention to make express provisions in law so that existing items made under section 52 of the CDPA will be unaffected by the change in law. In addition, the Government intends to issue non-statutory guidance on works of artistic craftsmanship and practical aspects of preparing for the change in the law.
UK IP Minister, Baroness Neville-Rolfe, states that "The Government's decision is a fair outcome. The innovative work of designers will have the appropriate copyright protection, whilst ensuring that UK-based businesses can adapt and thrive".
Interested parties are invited to review the draft Commencement Order contained in the report and send substantive comments on the language of the Order to section52CDPA@ipo.gov.uk by 25th February.
The IPO has now published its response to the consultation on the transition period (see here) and announced that the repeal will be implemented on 6 April 2020.
The report provides further detail about the Government's decision on transitional provisions, including the intention to make express provisions in law so that existing items made under section 52 of the CDPA will be unaffected by the change in law. In addition, the Government intends to issue non-statutory guidance on works of artistic craftsmanship and practical aspects of preparing for the change in the law.
UK IP Minister, Baroness Neville-Rolfe, states that "The Government's decision is a fair outcome. The innovative work of designers will have the appropriate copyright protection, whilst ensuring that UK-based businesses can adapt and thrive".
Interested parties are invited to review the draft Commencement Order contained in the report and send substantive comments on the language of the Order to section52CDPA@ipo.gov.uk by 25th February.