HC Deb 02 April 1990 vol 170 cc397-8W
Miss Emma Nicholson

To ask the Secretary of State for Trade and Industry what steps are being taken to ensure that the proposals for harmonised copyright protection for computer programs in the European Community that result from the Commission's 1989 draft directive do not permit(a) unfair competition and (b) trade secrets embodied in proprietary software to be published.

Mr. Douglas Hogg

We—and, I believe, all other member states—are concerned to ensure that competition in the supply of computer software is fair. There is no provision in the draft directive requiring the publication of trade secrets embodied in such software.

Miss Emma Nicholson

To ask the Secretary of State for Trade and Industry what steps are being taken to ensure that the proposals for harmonised copyright protection for computer programs in the European Community do not prevent Britain from restraining unauthorised imports of copies of computer programs marketed outside the EEC.

Mr. Douglas Hogg

There are no provisions in the draft directive which would prevent the owners of the United Kingdom copyright in a computer program from taking action to restrain the importation of infringing copies of that program from outside the EEC.

Miss Emma Nicholson

To ask the Secretary of State for Trade and Industry (1) what steps are being taken to ensure that the proposals for harmonised copyright protection for computer programs in the European Community that result from the Commission's 1989 draft directive protect(a) members of the British software industry against uncontrolled access by competitors to the details and workings of their proprietary software and (b) the investment in research and development incurred by the British software industry in creating proprietary software;

(2) what steps are being taken to ensure that the proposals for harmonised copyright protection for computer programs in the European Community resulting from the Commission's 1989 draft directive provide sufficient protection to encourage long-term research and development;

(3) what steps are being taken to ensure that the proposals for harmonised copyright protection for computer programs in the European Community that result from the Commission's 1989 draft directive do not undermine the protection presently afforded the British software industry by the Copyright, Designs and Patents Act 1988 and other relevant legislation;

(4) what steps are being taken to ensure that the proposals for harmonised copyright protection for computer programs in the European Community resulting from the Commission's 1989 draft directive do not discourage innovation;

(5) what steps are being taken to ensure that the proposals for harmonised copyright protection for computer programs in the European Community that result from the Commission's 1989 draft directive do not by permitting limited access for specified reasons allow details and workings of proprietary software to become available to commercial competitors.

Mr. Douglas Hogg

The draft directive does not provide for uncontrolled access to the details and workings of proprietary software, although the question of whether access should be allowed in certain limited circumstances is receiving further consideration. Investment by the British software industry will continue to be safeguarded in the United Kingdom by the rights accorded under the Copyright, Designs and Patents Act 1988, which is not undermined by the draft directive. The draft directive would, however, improve the general level of protection of computer programs in the Community and should therefore further encourage investment, innovation and long-term research and development in this field.