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Lord Davies of Gower
Main Page: Lord Davies of Gower (Conservative - Life peer)Department Debates - View all Lord Davies of Gower's debates with the Home Office
(1 year, 8 months ago)
Lords ChamberI respectfully disagree with the noble Lord, Lord Carlile. He may well be able to make a compelling case that there is a mischief that here needs to be addressed, but it is surely nothing whatever to do with national security, which is the subject of the Bill. The noble Baroness, Lady Ludford, is right that it is puzzling that there is no requirement in Clause 2 that it be established that the conduct in question is prejudicial to the safety or interests of the United Kingdom. The desirability of improving intellectual property law is really not an appropriate subject for a Bill of this nature.
Moreover, the noble Lord, Lord Carlile, says that if one looks at Clause 2(2)(b), that paragraph ensures the protection. I remind the Committee that all that Clause 2(2)(b) does is define a “trade secret” as information that
“has actual or potential industrial, economic or commercial value which would be … adversely affected if it became generally known”.
That is the loosest possible definition of a commercial trade secret. It is impossible to understand why matters of that sort should be dealt with in the Bill; indeed, that information may be enjoyed or owned by a foreign individual or company.
Trade secret law is very well developed. It includes remedies for damages and for injunctions. To include Clause 2 in the Bill would attract not just the considerable criminal penalties that the noble Baroness, Lady Ludford, referred to, it would invoke Clause 16, on the criminality of preparatory acts—
My Lords, if this is an intervention, could the noble Lord make his point, please?
The noble Lord asked to make an intervention, which is why I allowed him to, and I regret that he used the procedure of the House to make a speech. He will be free to make a speech if he wishes to do so.
Lord Davies of Gower
Main Page: Lord Davies of Gower (Conservative - Life peer)Department Debates - View all Lord Davies of Gower's debates with the Home Office
(1 year, 7 months ago)
Lords ChamberMy Lords, I propose that the Committee adjourn for 10 minutes until 9 pm to accommodate a technical issue.
Lord Davies of Gower
Main Page: Lord Davies of Gower (Conservative - Life peer)Department Debates - View all Lord Davies of Gower's debates with the Ministry of Justice
(1 year, 7 months ago)
Lords ChamberMy Lords, I advise noble Lords to keep an eye on the annunciator for further information regarding the resumption of the Committee.
Lord Davies of Gower
Main Page: Lord Davies of Gower (Conservative - Life peer)Department Debates - View all Lord Davies of Gower's debates with the Home Office
(1 year, 5 months ago)
Lords ChamberAs the noble Lord knows, the amendment is calling for a review to look at the practical impact of the proposed legislation. We have yet to hear from the Minister on whether the Government accept that a review is necessary.
My Lords, I remind noble Lords that this is Report and not an opportunity to further debate the matter.
It is perfectly within the rules of the Companion for noble Lords to seek points of clarification or elucidation from those who are speaking.