UK Parliament / Open data

Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2018

Debates on delegated legislation on Monday, 14 January 2019, in the House of Lords, led by Lord Henley. The answering member was Baroness Kingsmill.
Lords motions to consider. Objection taken, that each item be dealt with separately. Original motion negatived on question.
Type
Parliamentary proceeding
Reference
795 cc1-27GC 
Session
2017-19
Chamber / Committee
House of Lords Grand Committee
Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations
Tuesday, 27 November 2018
Statutory instruments
House of Lords
House of Commons
Trade Marks (Amendment etc.) (EU Exit) Regulations
Wednesday, 28 November 2018
Statutory instruments
House of Lords
House of Commons
Patents (Amendment) (EU Exit) Regulations
Wednesday, 28 November 2018
Statutory instruments
House of Lords
House of Commons
Patents (Amendment) (EU Exit) Regulations 2018
Monday, 14 January 2019
Parliamentary proceedings
House of Lords

Show all related items (6)
Trade Marks (Amendment etc.) (EU Exit) Regulations 2018
Monday, 14 January 2019
Parliamentary proceedings
House of Lords
Deposited Paper DEP2019-0090
Monday, 21 January 2019
Deposited papers
House of Lords
Proceeding contributions
Lord Henley | 795 c1GC (Link to this contribution)

My Lords, if it is convenient, I shall speak also to the Patents (Amendment) (EU Exit) Regulation...

795 c1GC (Link to this contribution)

Object.


Show all contributions (107)
Lord Henley | 795 c1GC (Link to this contribution)

Will the noble Lord give way until I complete this sentence? I shall speak also to the Trade Mark...

Lord Adonis | 795 c1GC (Link to this contribution)

May I ask that these regulations be considered separately? Can the noble Lord also tell us whethe...

Lord Henley | 795 c1GC (Link to this contribution)

My Lords, I am not aware that these regulations have yet been through the Commons, but they will ...

Lord Foulkes of Cumnock | 795 c1GC (Link to this contribution)

With respect, that is only if everyone agrees—and I for one do not agree.

Lord Henley | 795 c1GC (Link to this contribution)

I notice that the noble Lord does not agree, but in line with the usual courtesies of the House, ...

Lord Henley | 795 c2GC (Link to this contribution)

If the noble Baroness will give way and be patient. If it is convenient to the Committee, I think...

Baroness Kingsmill | 795 c2GC (Link to this contribution)

My Lords, this is not the most sensible way to proceed. Distinct legal issues arise in each of th...

Lord Warner | 795 c2GC (Link to this contribution)

Can I be clear on what the noble Lord is saying? Is he saying that he will move these three regul...

Lord Henley | 795 c2GC (Link to this contribution)

My Lords, obviously I am in the hands of the Committee and I am quite happy to do whatever the Co...

Lord Henley | 795 c2GC (Link to this contribution)

Sit down. The noble Lord can wait a minute.

Lord Foulkes of Cumnock | 795 c2GC (Link to this contribution)

That is a terrible way to address another Member of the House. Will the noble Lord withdraw that ...

Lord Henley | 795 c2GC (Link to this contribution)

I will apologise to the noble Lord for that. He has probably been treated in much the same way on...

Baroness Corston | 795 c3GC (Link to this contribution)

The noble Lord said that he will apologise; when will that happen?

Lord Henley | 795 c3GC (Link to this contribution)

The noble Baroness and noble Lords opposite are having fun. I will continue.

Lord Foulkes of Cumnock | 795 c3GC (Link to this contribution)

I have never been addressed in that way before by a colleague, in 26 years in the House of Common...

Lord Henley | 795 c3GC (Link to this contribution)

My Lords, no communications have come to me to the effect that the noble Lord wished to take thes...

Lord Tyler | 795 c3GC (Link to this contribution)

My Lords, can the Minister expand for a moment on what he has just said? Am I to understand that ...

Lord Henley | 795 c4GC (Link to this contribution)

My Lords, what we are doing concerns the event the noble Lord is addressing—that is, if there is ...

Baroness Kingsmill | 795 c4GC (Link to this contribution)

My Lords, is the clarification which the Minister has so helpfully given clear in the regulations...

Lord Henley | 795 c4GC (Link to this contribution)

I am making it clear in my speech that these are no-deal regulations. They are described as EU ex...

Baroness Kingsmill | 795 c4GC (Link to this contribution)

Exit has many meanings. It would be clearer if it said in the regulations that they will fall in ...

Lord Henley | 795 cc4-5GC (Link to this contribution)

I am making it clear to the Committee that they fall—they have no effect—if there is a deal. The ...

Baroness Kingsmill | 795 c5GC (Link to this contribution)

From what the Minister just said, it sounds as though British holders of intellectual property co...

Lord Henley | 795 c5GC (Link to this contribution)

Obviously, there will be changes once we move out. We are trying to set out what will happen to B...

Baroness Kingsmill | 795 c5GC (Link to this contribution)

I have been the chairman of a number of companies holding significant intellectual property right...

Lord Henley | 795 c5GC (Link to this contribution)

My Lords, I will deal with consultation when I wind up this debate after the noble Baroness and o...

Baroness Corston | 795 c5GC (Link to this contribution)

Paragraph 10.1 of the Explanatory Memorandum says:

“No formal consultation has been carried...

Lord Henley | 795 c5GC (Link to this contribution)

My Lords, there has been no formal consultation. Obviously, there have been informal discussions,...

Lord Henley | 795 c5GC (Link to this contribution)

Could I finish this point? The Intellectual Property Office has been engaging with businesses acr...

Lord Adonis | 795 c5GC (Link to this contribution)

Why has there been no formal consultation, given the interests at stake to which my noble friend ...

Lord Henley | 795 c6GC (Link to this contribution)

It is important that we make sure that we are capable of dealing with no deal. That is why govern...

Lord Adonis | 795 c6GC (Link to this contribution)

Can the Minister tell us what the results of that informal consultation have been? It is importan...

Lord Henley | 795 c6GC (Link to this contribution)

At this stage, I am not in a position to tell the noble Lord the result of that consultation, or ...

Baroness Kingsmill | 795 c6GC (Link to this contribution)

My Lords, we are trying to do our job here. The Minister has confirmed that the regulations poten...

Lord Warner | 795 c6GC (Link to this contribution)

I may be able to help the Minister because I spoke to the IPO this morning about the second set o...

Lord Henley | 795 cc6-7GC (Link to this contribution)

My Lords, I thought that we were debating the first set of regulations at this stage. We will get...

Lord Henley | 795 c7GC (Link to this contribution)

I will give way to the noble Lord in a minute, when I have finished. I can only answer points if ...

Lord Adonis | 795 c7GC (Link to this contribution)

I would if we stayed in the European Union.

Lord Henley | 795 c7GC (Link to this contribution)

That is not a matter for debate on this occasion. We are not discussing that.

Lord Adonis | 795 c7GC (Link to this contribution)

But it would make me very happy.

Lord Tyler | 795 c7GC (Link to this contribution)

I am grateful to the Minister, who has been generous in his advice to the Grand Committee, but I ...

Lord Henley | 795 c8GC (Link to this contribution)

There is the Prime Minister’s deal, which I very much hope another place will agree to in due cou...

Baroness Kingsmill | 795 c8GC (Link to this contribution)

I hate to labour the point, but the Minister did himself say that British businesses will potenti...

Lord Henley | 795 c8GC (Link to this contribution)

The noble Baroness is putting words into my mouth that I did not utter in saying that I thought B...

Baroness Kingsmill | 795 c8GC (Link to this contribution)

You said it would potentially be at a disadvantage.

Lord Henley | 795 cc8-9GC (Link to this contribution)

I ask the noble Baroness to refrain from intervening from a sedentary position. What I said is th...

Lord Adonis | 795 c9GC (Link to this contribution)

My Lords, paragraph 12.2 of the Explanatory Memorandum to these regulations says:

“There ma...

Lord Henley | 795 c9GC (Link to this contribution)

I cannot give a precise figure for those costs. My belief is that they are generally relatively m...

Lord Henley | 795 c9GC (Link to this contribution)

I am going to conclude this section and then the noble Baroness may intervene. It provides clarit...

Baroness Corston | 795 c9GC (Link to this contribution)

I am grateful. The Minister has just referred to consultation. Paragraph 10.1 of the Explanatory ...

Lord Henley | 795 cc9-10GC (Link to this contribution)

Because there are other matters that will be more important, such as getting the consultation rig...

Lord Adonis | 795 c10GC (Link to this contribution)

My Lords, before the noble Lord sits down, the question that is coming up time and again in the G...

Lord Warner | 795 c10GC (Link to this contribution)

Before the Minister rises to answer that, I want to put a proposition to him. He gave me a rollic...

Lord Henley | 795 c10GC (Link to this contribution)

Again and with all due respect, I think that the noble Lord is possibly misinterpreting what I sa...

Lord Warner | 795 c10GC (Link to this contribution)

I did not say you said it; I said the IPO said it.

Lord Henley | 795 cc10-1GC (Link to this contribution)

What I am trying to deal with is the question about how we get a no deal. If there is to be no de...

Baroness Bowles of Berkhamsted | 795 c11GC (Link to this contribution)

My Lords, I did not come to Grand Committee today expecting to speak on intellectual property. I ...

Lord Adonis | 795 c11GC (Link to this contribution)

My Lords, I thank the noble Baroness for giving way. Could she explain to the Grand Committee—som...

Baroness Bowles of Berkhamsted | 795 cc11-2GC (Link to this contribution)

The issue is where something has come from. You could export it under the terms of a licence, but...

Lord Adonis | 795 cc12-4GC (Link to this contribution)

My Lords, with great consideration, the Minister took a number of interventions on his speech and...

Lord Tyler | 795 c13GC (Link to this contribution)

I wonder whether the noble Lord has been paying particular attention to Part 2 of the Explanatory...

Lord Adonis | 795 cc13-6GC (Link to this contribution)

The noble Lord makes an extremely important point, and not just in respect of paragraph 2.1. I ha...

Lord Clement-Jones | 795 cc16-8GC (Link to this contribution)

It looks like we are on, my Lords. There is a great deal that one could say about the way in whic...

Lord Stevenson of Balmacara | 795 cc18-21GC (Link to this contribution)

My Lords, it has been a lonely journey to the heart of the intellectual property policies in this...

Lord Henley | 795 c21GC (Link to this contribution)

My Lords, as always, I thank all noble Lords for their contributions, and hope I can deal with al...

Lord Clement-Jones | 795 c21GC (Link to this contribution)

The Minister may say that, but he has to answer the question about why the international exhausti...

Lord Henley | 795 c21GC (Link to this contribution)

I do not think I can take it any further. As I have made clear to the noble Lord, this is dealing...

Lord Henley | 795 c21GC (Link to this contribution)

I am not giving way until I have finished this sentence. As I have made clear—I think I have alre...

Lord Clement-Jones | 795 c22GC (Link to this contribution)

My Lords, without putting too fine a point on it, I am arguing that in a no-deal situation it nee...

Lord Henley | 795 c22GC (Link to this contribution)

I will get to the Silhouette case later on. Although I will comment on it briefly, it might be th...

Lord Clement-Jones | 795 c22GC (Link to this contribution)

My Lords, I have one final intervention on this point. The noble Lord can take us no further—he i...

Lord Henley | 795 c22GC (Link to this contribution)

No, I do not believe it is a leap of faith. It provides the clarity that business needs, in the f...

Lord Clement-Jones | 795 c23GC (Link to this contribution)

My Lords, one could easily quarrel with that statement. The regime set up by the SI is, as descri...

Lord Henley | 795 c23GC (Link to this contribution)

My Lords, I repeat what I said: this is designed, as an exit SI, to deal with leaving without a d...

Lord Henley | 795 c23GC (Link to this contribution)

I am not giving way to the noble Lord until I have finished my point. I have a right to make this...

Lord Warner | 795 c23GC (Link to this contribution)

I am grateful to the Minister. I have listened to this for about an hour and he keeps using the s...

Lord Henley | 795 c23GC (Link to this contribution)

My Lords, I reject any suggestion that officials have been constrained in what they can do. The p...

Lord Stevenson of Balmacara | 795 c23GC (Link to this contribution)

I am grateful to the noble Lord for giving way. I was going to try to be helpful, although he may...

Lord Henley | 795 c24GC (Link to this contribution)

I cannot remember whether that is the case with this set of regulations, but the noble Lord is ri...

Lord Clement-Jones | 795 c24GC (Link to this contribution)

My Lords, although the Minister has characterised these regulations as simply putting in place th...

Lord Henley | 795 c24GC (Link to this contribution)

I accept that the noble Lord is right that business would consider a no-deal situation to have ma...

Baroness Bowles of Berkhamsted | 795 cc24-5GC (Link to this contribution)

The point about the impact assessment concerns me. The noble Lord, Lord Bates, who is eagerly awa...

Lord Henley | 795 c25GC (Link to this contribution)

I am not sure I can take the noble Baroness and noble Lords any further on this point, other than...

Baroness Kingsmill | 795 c25GC (Link to this contribution)

Before the Minister moves on, I would like to say that the whole—

Lord Henley | 795 c25GC (Link to this contribution)

I have not given way yet. If the noble Baroness will wait for me, I will now give way to her.

...
Baroness Kingsmill | 795 c25GC (Link to this contribution)

My point is that the whole situation seems to be pretty hypothetical. We are trying to consider w...

Lord Henley | 795 cc25-6GC (Link to this contribution)

I do not accept that. What we are trying to do by passing no-deal regulations is to ensure a degr...

Lord Clement-Jones | 795 c26GC (Link to this contribution)

My Lords, I accept the Minister’s offer, because that was quite a confusing response. Precisely b...

Lord Henley | 795 c26GC (Link to this contribution)

My legal eagles will be hard at work on producing just such a letter for the noble Lord, and I ho...

Lord Clement-Jones | 795 c26GC (Link to this contribution)

My Lords, can the Minister confirm that they will be no-deal SIs on the same basis as the other t...

Lord Henley | 795 cc26-7GC (Link to this contribution)

If it is necessary that there be no-deal SIs, then yes, there will be a no-deal SI. I am advised ...

Baroness McIntosh of Hudnall | 795 c27GC (Link to this contribution)

My Lords, it might be helpful, as this is the first instrument that the Committee has considered ...

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