Steady as she goes for Gowers

In the Chancellor of the Exchequer’s Pre-Budget Report in 2005, Gordon Brown commissioned a comprehensive review of the UK intellectual property system. Andrew Gowers, former editor of the Financial Times was tasked to carry out the review. His review was published on 6 December 2006 to coincide with the 2006 Pre-Budget Report.

After taking evidence from a huge number of organisations and individuals across a wide range of industry sectors, government, collecting societies and special interest groups, Gowers reports that the UK IP regime is basically fit for purpose.

Gowers recommends only minor changes to the patent and trade mark systems but more substantial revision of the UK copyright regime is proposed to adapt to new technologies, new media and new behaviours. In the circumstances of the wide ranging nature of the recommendations we set out below a summary for ease of digestion.

Significant Recommendations

Patents

• Clarification (we believe broadening) of the research exemption to patent infringement is recommended

• Pilot of peer review of patent application by experts in field

• Encouragement of increased use of third party observations

• Regular training of patent examiners by Universities in technological developments

• Increased ease and speed of accelerating application to grant

• No changes to software or gene patentability

• Improved clarity of patent status - introduction of separate databases on esp@cenet for expired and licence of right patents

Trade Marks

• Fast track procedure for registration. A higher fee may allow acceptance within 10 days.

Copyright

More flexible and more balanced, particularly for private individuals, archivists and educational institutions including:

• Limited saving from infringement to allow format shifting of works for private purposes, i.e. CD to mp3 (but not to be introduced retrospectively)

• Limited saving from infringement for works of parody

• Limited saving from infringement for derivative works

• A broadening of the right to use copyright works for education

More robust regime for organised criminal infringement including:

• Increased criminal sanctions for digital copies

• Improved enforcement

IP Awareness

Critical of current IP knowledge of British companies. The report produces several recommendations to increase awareness including:

• Requiring the Patent Office to provide IP pack to new companies registered at Companies House

• Patent Office to partner with Business Link to provide IP Audits for SMEs

• Encouragement of use of model business to business IP licences similar to those developed post Lambert review of university IP

• Change the name of the Patent Office to “Intellectual Property Office”

Reaction to the review has been mixed. Some believe it shows that the IP regime is basically healthy whilst others are characterising it as a missed opportunity to effect substantial change, for example in the area of software protection.

Dave Croston