Balance

The 4 recommendations relating to the balance of the IP system and the implementation timeline.

RecommendationImplementationStatus
Recommendation 1:
Amend section 60(5) of the Patents Act 1977 to clarify the research exception to facilitate experimentation, innovation and education.
Informal consultation PDF document(960Kb) launched on 7 July 2008, closed 7 November 2008 and in the process of reviewing responses.In progress - Summary of responses and recommendations for further work being compiled
Recommendation 2:
Enable educational provisions to cover distance learning and interactive whiteboards by 2008 by amending sections 35 and 36 of the Copyright, Designs and Patents Act, 1988 (CDPA).
First stage of the Consultation PDF document(1.55Mb) closed on 8 April 2008. Next stage being scoped with intention to announce second stage of the consultation later in 2009.In progress - 2nd stage consultation later in 2009
Recommendation 3:
The European Commission should retain the length of protection on sound recordings and performers’ rights at 50 years.
Recommendation is to the European Commission, which published a draft Directive to increase the term of protection for sound recordings and performer’s rights on 16 July 2008.Completed - Directive likely to be agreed in 2010
Recommendation 4:
Policy makers should adopt the principle that the term and scope of protection for IP rights should not be altered retrospectively.
Noted.Completed