Criminal design infringement: UK government says "No, er, maybe, er .. well let's see ..."

Some readers of this blog may wonder what happened to the petition, one of two pioneered by anti-infringement champion Dids Macdonald of ACID, to criminalise design right infringement (see earlier Class 99 post here).  The petition is now closed and the UK government has responded here. For those too lazy to click through, the current state of play looks like this:

Petition to create a law which introduces criminal sanctions for design right infringement

This petition is now closed, as its deadline has passed.

We the undersigned petition the Prime Minister to Create a law which introduces criminal sanctions for design right infringement. More details

Submitted by Dids Macdonald of ACID (Anti Copying in Design) – Deadline to sign up by: 03 June 2010 – Signatures: 580

More details from petition creator

Design law today has a far greater importance in terms of protecting new designs than it has ever done in the past. The four most copied industries within ACID’s membership are the furniture, textiles, interior accessories and giftware industries. A visit to any major High Street retailer will clearly demonstrate the importance of these sectors of the design industry to the UK economy. ACID is very concerned that there are currently no criminal sanctions whatsoever under the UK unregistered and registered design right, the unregistered or registered Community design. Accordingly, anyone dealing in pirated goods that are protected by one of the design rights rather than by copyright or trade marks are at no risk of criminal proceedings being brought against them. Since ACID's formation in 1996, it has seen a huge escalation of copying taking place within the design industry. ACID firmly believes that the introduction of criminal sanctions for design right infringements, will have a significant effect on the reduction of copying and dealings with pirated goods in the UK, consequently strengthening the British design industry.

http://petitions.number10.gov.uk/DesignRight/

Government response

Thank you for your e-petition on the issue of introducing criminal sanctions for design right infringement. Given the strength of the UK's design industry, the Government firmly believes that the legal framework for protecting intellectual property - including designs - should serve to stimulate an environment in which new design ideas can flourish, whilst also providing a robust means of protection for existing design rights.

At this time, the Government believes that the current civil-based provisions provide a suitable framework for dealing with, and resolving, disputes relating to allegations of design infringement within the UK.  Unlike the majority of trade mark and copyright disputes, design infringement can often be inadvertent, involving no intent to damage or exploit the property of a third party. Furthermore, the fact that current UK design law provides for only a minimal degree of substantive examination (without any assessment of novelty) prior to the grant of registration means that a high number of registered designs have a low presumption of validity. Given these factors, the Government is naturally cautious about the merits of increasing the severity of potential sanctions against those alleged to be infringing existing design rights.

Nevertheless, the Intellectual Property Office (IPO) is currently engaged in a review of extant design law, and has recently consulted with a number of stakeholders on a range of issues including the introduction of criminal sanctions. Notwithstanding the signatories to this petition, the IPO has found that many practitioners and design right holders have serious doubts as to the value and practical benefits of introducing such measures - largely for reasons similar to those stated above - and would prefer to see improvements made to the existing civil provisions. As the IPO is still gathering evidence, the Government is yet to draw any conclusions from this designs review. It will, however, continue to explore any and all suggestions for improving the designs framework for the benefit of the UK design industry.