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December 13, 2006
IP in UK
IPR issues in the United Kingdom took center stage recently when the Treasury released its new report: The Gowers Review of Intellectual Property. Conducted by the former editor of the Financial Times, Andrew Gowers, the review has sparked renewed interest in the subject. For coverage of the debate see:
FT.com / In depth - Gowers warns companies on illegal file sharing,
FT.com / In depth - Copyright proposals hit wrong note
FT.com / Comment & analysis / Letters - Intellectual propriety,
A discussion with Gowers and Ron Marchant, head of the Patent Office - FT.com / In depth - Ask the experts: The Gowers review, and
Lawrence Lessig's commentary FT.com / In depth - Do not bow down before the famous on copyright.
The Gowers review came up with 54 specific recommendations. I won’t go into them all here; many of them are UK specific. The overall focus of the recommendations is instructing, however. The review came up with the following key areas:
• strengthening enforcement of IP rights, whether through clamping down on piracy or trade in counterfeit goods;
• reducing costs of registering and litigating IP rights for businesses large and small; and,
• improving the balance and flexibility of IP rights to allow individuals, businesses and institutions to use content in ways consistent with the digital age.
There is one suggestion that should be of explicit interest to the US: the review rejects and extension of the length of copyright terms from the current 50 years to match the US’s 95 years. This recommendation seems to have generated the greatest response – from both side of the debate.
I especially like how the review treats strengthening enforcement and improving balance and flexibility as compliments. In the debate in the US, these are too often paired as opposites. If you are worried about enforcement and piracy, you are seen as anti-user. If you are in favor of balance and flexibility for users, you are painted as weak on enforcement. As the former head of the Motion Picture Association of America (MPAA) Jack Valenti used to rail against Larry Lessig, “Why are you in favor of theft?”
Since the Gowers review was specifically commissioned by the Blair government (by current Chancellor of the Exchequer and presumptive future Prime Minister Gordon Brown), it will likely set the tone of any UK IP reform activities. We will see if it may also be instructive to the US debate.
Posted by Ken Jarboe at December 13, 2006 9:07 AM
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