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Intellectual Property Bill 201314: criminal sanctions for Unregistered Design Rights

19 February 2014

The IP Federation has issued a policy paper stating its position on the potential introduction of criminal sanctions for Unregistered Design Rights (UDRs) in the Intellectual Property Bill 2013–14.

The IP Federation does not support the introduction of criminal sanctions for any aspect of design right infringement and fully supports the IP Minister in opposing the introduction of criminal sanctions for copying of UDRs. The fundamental problem with the Unregistered Design Right is that third parties cannot know with certainty whether any particular design is or has ever been subject to UDR. This, coupled with the fact that the term is uncertain and that a legitimate right to use the design in question may exist, makes criminal sanctions wholly inappropriate. If criminal sanctions are introduced, the effect of this will be that businesses will err on the side of caution and refrain from bringing legitimate products to the market. This will stifle innovation in the UK and reduce legitimate choice for UK consumers.

For full details, click HERE.

To see all our policy papers, click HERE.



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