HL Deb 30 March 1988 vol 495 cc761-2

2.50 p.m.

Lord Mottistone asked Her Majesty's Government:

Whether they have discussed the design rights proposed in the Copyright, Designs and Patents Bill with the Commission of the European Communities.

Lord Young of Graffham

My Lords, yes. There have indeed been discussions with the Commission about the designs provisions in the Copyright, Designs and Patents Bill, both at ministerial and official level. However, I should perhaps add that the Commission's primary interest has been with the unregistered design right proposed in Part III of the Bill. There has been no discussion of the provisions in Part IV of the Bill concerning registered designs.

Lord Mottistone

My Lords, do I gather from my noble friend—I am most grateful for his Answer—that perhaps the consultations with the Commission partly account for the inadequacy of the protection given by the Bill? Notwithstanding the valiant efforts of the Government to accept several amendments, the basic structure of the Bill is still sadly inadequate. Is my noble friend aware, for example, that in Hong Kong the Bill is described as being suitable only for a third world country?

Lord Young of Graffham

My Lords, I am not too sure about the attitude in Hong Kong, but certainly the Commission is broadly in favour of the views which the Government have taken and which the Bill now contains. The Commission feels very strongly that the law must not be too protective. It felt originally that the White Paper was out of line. But when we explained the must-fit and must-match exceptions, it expressed its satisfaction. Although we have not specifically discussed the term of protection with the Commission, our proposal was for 10 years and the Commission accepted that. Our view is that a longer term might well be struck down by the European Court.

Lord Williams of Elvel

My Lords, can the noble Lord assure us that now that your Lordships have passed the Copyright, Designs and Patents Bill after long debates we shall not be faced with another measure in the near future that results in European intervention?

Lord Young of Graffham

My Lords, I can give my heartfelt assurance that at least for this Session there will not be another.

Lord Dean of Beswick

My Lords, is it normal for your Lordships' House to be discussing a Bill that is not yet on the statute book?

Lord Young of Graffham

My Lords, it is not for me to say what is normal. But the noble Lord did put down the Question.

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