Intellectual Property Bill [Lords]

Debate between Lord Willetts and Mark Field

Monday 20th January 2014 Commons Chamber

[Mr Willetts]

With the leave of the House, I would like to respond briefly to the many issues raised in this useful debate.

Although many of the interventions went beyond what is in the Bill, I appreciated the general welcome for the specific proposals, in recognition of the importance of protecting intellectual property. It is sometimes said that behind every fat person is a slim person trying to get out; on this occasion, we have a slim Bill, but there seems to be a fat Bill that Members are trying to impose on us. This slim Bill, however, is intended to achieve some of the specific objectives set by Hargreaves, and I believe we are doing that in the right way.

Several Members, including the hon. Member for Lewisham West and Penge (Jim Dowd), mentioned the IP index. We score well internationally on the quality of our IP protection, including being second in the world in respect of patents. The area where we underperform—down to fifth—is design. That is why this Bill specifically focuses on that area where our performance is weakest, as our legal framework on design is inadequate.

Several Members raised the specific issue of whether the new criminal offence we are introducing should extend beyond registered design to unregistered design. I have said at several points in the debate that we are absolutely up for consultation, and I intend to introduce amendments in Committee. On this particular issue, however, we do not take the view that unregistered designs should be subject to a criminal sanction. Our view is that the design registration provides a clear starting point for any prosecution and includes important information such as the precise scope of the protection of the design and who owns it, which would be important for any criminal prosecution. It can be difficult, however, to track down information about unregistered design—such as who owns it and whether it is still protected. There can be uncertainty about whether a design is free to use. Unlike the UK registered right, the UK unregistered right can protect functional designs, and where these are complex and highly technical, it could cause difficulties in criminal cases. If we think about the risks of injustice from criminal sanctions in cases where unregistered designs are involved—we have had a long consultation on that—we believe that we have got the balance correct in extending criminal protection to registered but not to unregistered designs.

There were several questions about the working of the Intellectual Property Office, including from my hon. Friend the Member for Cities of London and Westminster (Mark Field), who asked where the responsibility for IP lies. Let me be clear: the IPO, which is an agency of the Department for Business, Innovation and Skills, leads on IP policy across the Government. It works closely with a whole range of Departments and organisations, including the Treasury and the Department for Culture, Media and Sport. It worked well with the Treasury on the patent box, for example, which has been a real boost to our IP-generating industry, and it accessed finance for IP intensive businesses, while it has worked with DCMS on copyright enforcement online.

[Mark Field]

I would not want our earlier exchanges to be seen as negative about the IPO in any way. In my small number of dealings with it, I have been impressed by its clear focus and its international vision. It was clear from what Members of all parties said that dealing with the issue of intellectual property seems to be divided into a number of different Government Departments. It is good to have a welcome confirmation from the Minister today that ultimately his neck is on the line for this matter.

[Mr Willetts]

I did not know that I had confirmed that! I must have strayed into that confirmation, as I was about to say that we are also fortunate in having a Minister for intellectual property. On several occasions when Members were talking about the need for a Minister for intellectual property, I could see that Minister up in the Gallery. Those comments were a disservice to my colleague, Viscount Younger of Leckie, who does an excellent job as the Minister for intellectual property. The IPO does have an enforcement role, and it works in parallel with the Home Office and other enforcement authorities, as the hon. Member for Bishop Auckland (Helen Goodman) mentioned.

Several Members, including my hon. Friend the Member for Hove (Mike Weatherley) and the hon. Member for Perth and North Perthshire (Pete Wishart), asked where we are on copyright exceptions and what the next stages will be. There has been a consultation process on these provisions. It is correct to say that it has taken a long time; it is a complicated question. Given the technical nature of some provisions, we put out some draft regulations for further consultation, adding another stage to the process.

UK-India Trade

Debate between Lord Willetts and Mark Field

Wednesday 25th January 2012 Westminster Hall

[Mark Field]

If the right hon. Gentleman does not mind, I will not give way, because other Members wish to speak.

There is a lot of doom and gloom at the moment. We have seen today that our economy has contracted by 0.2% in the past three months, which I suspect may be the precursor to a fully fledged recession in this country in the next few months. Clearly, there are major problems in the eurozone market, which are not going to go away any time soon. In fact, I fear that they will be there for a long time to come, because there is not the political will to drive forward. As a result, it is perhaps easy to be gloomy about the economic situation. One of the interesting things about the IMF report yesterday was that it was presented as being very negative, but even the most pessimistic scenario suggested that there would be global growth of 3.3% next year. Indeed, some 4% was suggested during 2011.

In a conversation with one of the two Chinese law firms that have opened in London in the past couple of years I mentioned the global economic recession. A partner, who was a Chinese native with perfect English, smiled and said, “Back home, we call it the north Atlantic crisis”. There is a very important lesson for us to learn. Amid all that doom and gloom, let us get out there and recognise that we have great strengths.

In relation to India, some of the important issues have already been mentioned. We clearly have some good connections on the manufacturing side, especially in the technology and bio-technology sphere. There is much that India can teach us. Nehru has that legacy of those five great technology universities that remain a great success.

The Minister has done a phenomenal amount of work in this area in often difficult circumstances. Privately, he knows that I do not entirely support our immigration policy and I suspect that, behind closed doors, he has some sympathy with my views. We need to be a beacon for the brightest and the best. We must encourage young Indian, South Korean and Chinese people to come to this country. If they spend two or three years as students here, they will be ambassadors for this country for the rest of their lives. I am afraid that our policy on the headline figures is wrong. [Interruption.] I do not wish totally to eliminate the Minister’s career, and I am sure that he has a few words to say.

[The Minister for Universities and Science (Mr David Willetts)]

I completely support the policies of the Government of which I am a Member. There is no numerical limit on the number of overseas students coming to study in Britain, provided that they have the proper qualifications and they are going to attend a legitimate higher education institution.

[Mark Field]

I do understand that. Will the Minister also recognise, though, that the message is that this country is not entirely open to those brightest and best people? We must have a message that we are open not only for business but for the brightest and best to come to this country.

Higher Education White Paper

Debate between Lord Willetts and Mark Field

Tuesday 28th June 2011 Commons Chamber

[Mr Mark Field (Cities of London and Westminster) (Con)]

I have spent the past six years on the advisory board of the London School of Commerce, a private higher education provider, and I wholeheartedly support the Minister’s proposals to provide diversity and innovation in the sector, but does he share my bemusement at the Opposition’s stance, given that the biggest beneficiaries of such a policy will surely be students from less well-off backgrounds?

[Mr Willetts]

My hon. Friend is absolutely right. We believe that a more diverse sector with a greater range of institutions offers the greatest opportunity for students with a range of requirements to find the form of higher education that best suits them.