The Law Society's intellectual property law sub-committee has published papers on:-- Programme formatsThis is a consultation paper published by the Patent Office inviting comments on methods of protecting television programme formats, in particular, from unlawful copying.
The Patent Office is proposing that it should be possible to register a description or specification of a programme format, when the making of any later programme within that description would be a breach of the copyright.
The sub-committee is opposed to this proposal.
First, it believes that copyright law already provides a considerable level of protection for formats.
Secondly, it believes that copyright protection should be limited to preventing actual copying.-- Artist's resale right (Droit de suite)The Patent Office has also carried out consultations on the proposed EU Directive to harmonise member states' laws on this subject by requiring those members which do not already provide an artist's 'resale right' to introduce one.
The sub-committee believes that the UK government should resist the Directive.
First, it does not regard the in-principle case for the introduction of a right as established.
Secondly, it does not think that the European Commission has put forward a convincing case for the use of EU resources to deal with the matter.
Thirdly, neither of the countries which are the main non-EU competitors in the art trade -- the USA and Switzerland -- has a retail right.-- Draft Directive on the legal protection of designsThough the sub-committee supports in principle the proposed Directive, there are two aspects of the most recent text that it objects to very strongly.
The first is the exception made by art 6.1 as to a design which has been published but where this 'could not reasonably have become known .
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to the circle specialising in the sector concerned', which the sub-committee regards as an entirely unjustifiable derogation from the principle of absolute novelty.
The second is the new art 14a which makes it optional for member states to give effect to art 14, a key provision dealing with rights to manufacture spare parts.
The sub-committee thinks art 14a should be deleted because it undermines the whole purpose of the Directive.
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