Enforcement
The 11 recommendations relating to the enforcement of the IP system and the implementation timeline.
| Recommendation | Implementation | Status |
|---|---|---|
| Recommendation 35: The Patent Office should continue to raise public awareness, focussing in particular on the wider impacts of IP crime, and the exceptions to rights. | The Intellectual Property Office is engaging with CREATE to develop a module on IP for inclusion in the Continuing Professional Development resource on Innovation and Enterprise which is produced by the Department for Culture, Schools and Families. Intention is to have a broad brush approach and illustrate impact of rights across a wide spectrum of creative industries. | In progress - Ongoing |
| Recommendation 36: Match penalties for online and physical copyright infringement by amending section 107 of the CDPA by 2008. | "Creative Britain: New Talents for the New Economy"
(published 22 February) included a commitment to consult on introducing exceptional maxima (above £5,000)
in Magistrates’ Courts for offences for online and physical infringement. Intellectual Property Office Consultation  (351Kb) 2008 on proposals for matched penalities - endorsed option to introduce exceptional statutory maxima of £50,000 for all IP offences. It
is therefore intended that this option will be adopted. | In progress - Government seeking an appropriate legislative vehicle; likely to be included in the Digital Britain Bill |
| Recommendation 37: Monitor success of current measures to combat unfair competition in cases relating to IP, and if changes are found to be ineffective, Government should consult on appropriate changes. | Tied to monitoring of Unfair Commercial Practices Directive. BIS lead working with the Intellectual Property Office. | In progress - BIS lead |
| Recommendation 38: DCA should review the issues raised in its forthcoming consultation paper on damages and seek further evidence to ensure that an effective and dissuasive system of damages exists for civil IP cases and that it is operating effectively. It should bring forward any proposals for change by the end of 2007. | The Department for Constitutional Affairs published a consultation paper "The
Law
on Damages  ". Chapter 7 asked for evidence in relation to recommendation 38 MoJ have indicated Government response should be published shortly, but no indication of concrete timescale. | Completed - MoJ lead |
| Recommendation 39: Observe the industry agreement of protocols for sharing data between ISPs and rights holders to remove and disbar users engaged in ‘piracy’. If this has not proved operationally successful by the end of 2007, Government should consider whether to legislate. | BIS lead working with the Intellectual Property Office. A government consultation on possible regulatory action to tackle illicit
P2P filesharing was published on 24 July and closed at the end of October 2008. In addition a voluntary MOU has been agreed between music and film rightsholders, the six largest ISPs in the UK and the government. Consultation was inconclusive - further proposals will be consulted on as part of the Digital Britain package. | In progress - BIS lead |
| Recommendation 40: DTI should consult on measures to tighten regulation of occasional sales and markets by 2007. | BIS lead on this work. Consultation delayed to early 2009, but BIS have not set out timescale. | In progress - BIS lead |
| Recommendation 41: The Home Office should recognise IP crime as an area for Police action as a component of organised crime within the updated National Community Safety Plan. | Completed for 2007 but not included in the 2008 National Community Safety Plan. We are pursuing this with the Home Office. | Completed |
| Recommendation 42: Give Trading Standards the power to enforce copyright infringement by enacting section 107A of the Copyright, Designs and Patents Act 1988 by 2007. | Enacted from 6 April 2007. | Completed |
| Recommendation 43: Strengthen Practice Directions, to provide greater encouragement for parties to mediate in particular this should raise the profile of mediation with judges.. | Completed - Continuing discussions with the Ministry of Justice, but not further changes planned. | Completed |
| Recommendation 44: The Patent Office should consult with the Judicial Studies Board to determine the extent to which the complexity of IP law may give rise to a training need for judges and magistrates and their legal advisers. | Intellectual Property Office have consulted with Judicial Studies Board, who does not intend to pursue IP training. Awaiting written confirmation of this. | In progress - Intellectual Property Office working with CPS to develop training material for CPS staff |
| Recommendation 45: Support the establishment of a single EU court to adjudicate cross-border IP disputes by promoting the European Patent Litigation Agreement | Longstanding aspiration which predate Gowers (by some 50 years); no implementation timetable- requires agreement by European partners. | In progress - This recommendation is dependent on EU negotiations |