Open Forum on Gowers to be held in Edinburgh
The AHRC Research Centre (aka my employer) are hosting an Open Forum entitled Gowers Review of Intellectual Property: Challenges for Scotland, discussing, funnily enough, The Gowers Review of Intellectual Property. The event goes from 6-8pm on Wednesday 7th February in Lecture Theatre 175 in Old College.
Gowers, in the report, asks for (possibly) statutory damages:
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.
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This is an issue that I especially look forward to hearing about from the commentators. IP enforcement issues, especially those related to statutory damages, are an area that I’m currently focusing on in my research. I note that, in relation to the Free Trade Blog, DR-CAFTA requires a statutory damages scheme.
I especially endorse this relatively simple proposed change:
Recommendation 53: Change the name of the UK Patent Office to the UK Intellectual Property Office (UK-IPO) to reflect the breadth of functions the office has, and to dispel confusion.
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The UK Patent Office does deal with copyright and trade mark, though from the name you wouldn’t know it. You can’t be blamed either, as several other countries have a separate patent office from the one that deals with copyrights. In the US, the USPTO handles patents and federal trade mark registrations, with the Library of Congress overseeing some aspects of copyright (such as registrations for US nationals).
I also hope to hear more about the Report’s recommendations for the introduction of a Continental-style private copying exception (albeit only for media-shifting), and the introduction of an open-ended fair use right. On this last part, I’m anxious to hear everyone’s thoughts on the review’s belief that:
it is possible to create a very limited private copying exception without a copyright levy.
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I tend to agree with Gowers that a media-shifting only exception could be allowed without running afoul of the InfoSoc Directive. But there is room for disagreement. In any event, it looks like it will be an illuminating and informative discussion. If you are in Edinburgh, you should drop in.
