Wednesday, 15 July 2015

Repeal of Section 52 CDPA

The misguided repeal of section 52, a paradigm case of policy-based evidence-making, now has a date (and has done for several months, but I only just got round to telling you): happily, it's not until 6 April 2020, which even leaves time to repeal the repeal, if the government ever sees sense.

The soi-disant Intellectual Property Office has published the results of the consultation here.

Transitional provisions, should the need arise, will protect those who have made copies taking advantage of the permitted act. The implementing legislation, when it comes, will give them an indefinite period of time after commencement in which to sell off existing copies, but prevent the manufacture or importation of new unlicensed copies. The legislation will leave people free to deal with existing copies after commencement. Sounds to me as if the first and the third cover similar territory, and the second is what the repeal is all about so hardly needs to be said.

So there will be protection for what I recall were referred to as vested rights back when the duration of copyright was increased, in the mid-nineties. It doesn't sound as if a date is going to be set from which you won't be able to stockpile what would be infringing copies if made or imported after the repeal - does this mean that one will be able to accumulate shedsfull of ersatz Arco lamps right up to the commencement date, and remain free to dispose of them thereafter? If so, it sounds like a daft arrangement. I will have to read more ...

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