Intellectual property review published today

In a report published today called ‘Digital Opportunity’ Professor Ian Hargreaves and a panel of experts make ten recommendations to modernise the intellectual property framework in the UK so that it can support innovation and growth. The Prime Minister announced the IP framework review in November 2010 and the result of the review is the report published today.

The key recommendations of the report are summarised below:

Evidence – the IP framework should be driven by evidence based information especially around economic impact and claims to rights.
International priorities – the UK should pursue interests in IP internationally especially around a unified EU patent court and the Patent Cooperation Treaty.
Copyright licensing – the UK should establish a cross-sector Digital Copyrights Exchange. This will support cross border licensing as well as in country rights usage. Collecting societies should adopt a clear and open market friendly code of conduct.
Orphan works – the UK government should legislate to allow for the licensing of orphan works and provide clear usage guidelines.
Limits to copyright – the UK government should resist over-regulation while delivering copyright exceptions to promote opportunities. It should lead the way in developing a framework for the EU on adaptability around new technologies. The UK government should also legislate to protect against contract overrides.
Patent thickets and other innovation obstacles – The UK government should work to limit obstructions to innovation. Patent granting and legislation should ensure that obstruction will not happen and patent granting process and fees will be adjusted to allow for review of work involving patents. Patents will not be extended into non-technical sectors without clear evidence of their benefit.
The design industry – in the next year the IPO should further investigate design rights and innovation. This will include how to market and protect design and whether or not the Digital Copyright Exchange would be useful for the design industry.
Enforcement of IP rights – The UK government will pursue an integrated approach based on enforcement, education, and economic growth. The impact of the Digital Economy Act will be carefully monitored and assessed for its successfulness and viability. In parallel to this the government should introduce a small claims court for IP claims in the Patent County Courts.
Small firm access to IP advice – the IPO should improve access to start ups and small firms for legal and commercial advice.
IP system responsive to change – The IPO should mandate law that ensures innovation and growth in the IP system. The IPO should have the powers to ensure this, but should also do an impact assessment by 2013 by these recommended measures.

These recommendations are only the start of a longer process to change the law and introduce checks and balances along the way. We at Big Brother Watch will be reviewing the report in greater detail and following the responses over the next few weeks. Obviously, more details are needed on most of the recommendations. Will the Digital Copyrights Exchange be a central database or just a clearinghouse? How will privacy online be maintained while digital copyrights infringement investigations take place? What powers will the IPO gain exactly? In spite of the uncertainty, however, the promotion of growth and innovation in a new IP framework is a good thing, but we will have to see how it works out in practice.