The Intellectual Property Act 2014 is due to come into force in October 2014 and with it come a number of changes that will have an impact on how businesses handle their, and others, intangible assets.
The Act has been introduced following the Hargreaves report of 2011 and forms part of a move to shape intellectual property law in a way which was more friendly to SME’s – after all, they account for the majority of business which takes place in the UK.
The Act deals mainly with design and patent law, and is a mix of natural evolution (to harmonise UK legislation with international laws) and marked sea-change (such as the introduction of criminal offences for design infringement). Some of the key changes to be introduced by the Act are summarised below:
Designs
- Introduction of a criminal offence for design right infringement – if you knowingly copy a registered design you may liable for a criminal offence that carries a maximum 10 year prison sentence and a fine;
- Commissioning of a design no longer automatically transfers ownership. This means designers of works will continue to own the rights to the same unless and until there is a legally binding assignment of rights to the contrary. This aligns design right ownership with copyright;
- Further harmonisation with the EU will mean that you can file a registered design application across multiple jurisdictions from your domestic IP office. Importantly, these applications will be individual applications for each jurisdiction, meaning there is no chance of central attack; and
- The UKIPO will provide a design opinion service. The opinion granted by the UKIPO will not be legally binding but should work to reduce lengthy litigation over registered design infringement and speed up decisions on validity of registrations.
Patents
- The UKIPO will have the power to revoke patents where it deems there to be no inventive step or a lack of novelty;
- Streamlining for the unitary patent. The Act will allow the UK to be part of the unified patent court and allow individuals to file a patent application that will cover all but three of the current EU member states; and,
- Rather than patent numbers, a web address will suffice. Traditional practice has been to mark patented products as such and list the patent number; the Act allows a web address to be given instead, and the web page should provide the patent details.
While the intention of the Hargreaves report and the Act is to aid SME’s with their interaction with intellectual property, some of the above changes have significant consequences for businesses. To avoid being caught out by the changes in the law, it is important to review your Intellectual Property.
Stephens Scown offers a free review of the intellectual property in your business, including advice on copyright ownership, assignment and licencing. Our IP MOT service is provided without obligation or cost.