HC Deb 17 June 2002 vol 387 c101

15A (1) The Copyright, Designs and Patents Act 1988 is amended as follows.

(2) In section 144 (powers exercisable in consequence of report of Commission) for subsections (1) and (2) there is substituted—

"(1) Subsection (1A) applies where whatever needs to be remedied, mitigated or prevented by the Secretary of State or (as the case may be) the Competition Commission under section 12(5) of the Competition Act 1980 or section 40(2), 54(2), 65(6), 72(2), 80(2). 132(2), 141(2) or 154(2) of, or paragraph 5(2) or 10(2) of Schedule 7 to, the Enterprise Act 2002 (powers to take remedial action following references to the Commission in connection with public bodies and certain other persons, mergers or market investigations) consists of or includes—

  1. (a) conditions in licences granted by the owner of copyright in a work restricting the use of the work by the licensee or the right of the copyright owner to grant other licences; or
  2. a refusal of a copyright owner to grant licences on reasonable terms.

(1A) The powers conferred by Schedule 8 to the Enterprise Act 2002 include power to cancel or modify those conditions and, instead or in addition, to provide that licences in respect of the copyright shall be available as of right.

(2) The references to anything permitted by Schedule 8 to the Enterprise Act 2002 in section 12(5A) of the Competition Act 1980 and in sections 72(4)(a), 80(4)(a), 81(2)(a), 86(1), 154(4)(a), 155(3)(a) and 158(1) of, and paragraphs 5, 10 and 11 of Schedule 7 to, the Act of 2002 shall be construed accordingly."

(3) In section 144(3)—

  1. (a) for "A Minister" there is substituted "The Secretary of State or (as the case may be) the Competition Commission";
  2. (b) after "he" there is inserted "or it".'.

No. 392, in page 318, line 38, at end insert—

  1. '(f) paragraph 8 (exemption from monopoly provisions) shall cease to have effect.'.

No. 393, in page 322, line 47, at end insert—


  1. (ii) sub-paragraphs (7) and (7A) shall cease to have effect;

(da) after paragraph 4 there is inserted—