My Lords, the suggested amendments to Clauses 2 and 6 would introduce detailed requirements to set out the legal position for joint owners. The proposed provisions would apply to unregistered and registered designs.
As noble Lords will be aware, the Government’s design consultation asked stakeholders whether the Registered Designs Act 1949 should be amended to incorporate joint ownership provisions similar to those already provided for unregistered design rights in the Copyright, Designs and Patents Act 1988. Although most respondents agreed with this in principle, responses were mixed when it came to the question of whether it was necessary. A number of well respected intellectual property judges who responded to the consultation suggested that existing provisions were sufficient to allow for joint ownership. In light of this and our exploration activities, the Government decided not to change the law in this area.
In addition to our considering it unnecessary at this time to change the law on the issue, there is a legal reason why we cannot accept the amendment tabled by the noble Lord. The amendments as drafted seek to amend or reproduce EU design rights. This is not possible under EU law, as EU regulations directly apply here and the ability of member states to take
action is limited. As a result, it would not be possible for the Government to accept these amendments even if they wished to. In light of this, I ask the noble Lord to withdraw his amendment.