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EnactedIntellectual Property (Unjustified Threats) Act 2017

Proposed amendments

40 amendments across 2 provisions

Clause 1 31

Amendment #3712#3712WithdrawnAmends text
Amendment text
leave out “person who made the threat (T)” and insert “person (T) who made the threat”
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Viscount Hanworth
Amendment #3813#3813WithdrawnAmends text
Amendment text
after “do,” insert “or claims to do,”
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Baroness Bowles of Berkhamsted
Amendment #3814#3814Not movedAmends text
Amendment text
at end insert “or any other product or process having the same features so far as is material to the alleged infringement”
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Baroness Bowles of Berkhamsted
Amendment #3815#3815Not movedAmends text
Amendment text
after “necessary” insert “and proportionate”
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Baroness Bowles of Berkhamsted
Amendment #3816#3816Not movedAmends text
Amendment text
leave out “necessary”
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Baroness Bowles of Berkhamsted
Amendment #3850#3850WithdrawnAmends text
Amendment text
at end insert—
take-down from a digital platform by a notice of an infringement sent to or by the platform.”
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Baroness Bowles of Berkhamsted
Amendment #3864#3864Not movedAmends text
Amendment text
after “do,” insert “or commissions,”
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Baroness Bowles of Berkhamsted
Amendment #3865#3865WithdrawnAmends text
Amendment text
leave out “contains information that”
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Baroness Bowles of Berkhamsted
Amendment #3867#3867Not movedAmends text
Amendment text
leave out “solely”
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Baroness Bowles of Berkhamsted
Amendment #3870#3870Not movedAmends text
Amendment text
leave out “necessary in the interests of justice” and insert “reasonable in all the circumstances”
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Baroness Bowles of Berkhamsted
Amendment #3872#3872Not movedAmends text
Amendment text
after “that” insert “prima facie”
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Baroness Bowles of Berkhamsted
Amendment #3874#3874WithdrawnAmends text
Amendment text
leave out lines 1 to 3 and insert “statutory regulatory bodies or entitled to legal professional privilege.”
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Baroness Bowles of Berkhamsted
Amendment #3875#3875Not movedAmends text
Amendment text
after “70C” insert “(except for section 70C(3))”
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Baroness Bowles of Berkhamsted
Amendment #3889#3889Not movedAmends text
Amendment text
at end insert—
In section 70C(3), in relation to an application for a patent, “patent” should be read as meaning “patent as granted”.”
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Baroness Bowles of Berkhamsted
Amendment #3921#3921Not movedAmends text
Amendment text
at end insert—
take-down from a digital platform by a notice of infringement sent to or by the platform when it is impracticable to identify or communicate with anyone who has done an act mentioned in section 70A(2)(a) or (b).”
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Baroness Bowles of Berkhamsted
Amendment #3923#3923Not movedAmends text
Amendment text
at end insert—
giving notice to or by an information society service provider of the infringement of a patent for the purpose of giving notice pursuant to Regulations 18 and 19 of the Electronic Commerce (EC Directive) Regulations 2002 (S.I. 2002/2013).”
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Viscount Hanworth
Amendment #3934#3934Not movedAmends text
Amendment text
leave out “all”
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Viscount Hanworth
Amendment #3948#3948DisagreedAmends text
Amendment text
at end insert—
commissioning a product for disposal.”
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Baroness Bowles of Berkhamsted
Amendment #3949#3949Not movedAmends text
Amendment text
leave out “or (b)” and insert “to (c)”
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Baroness Bowles of Berkhamsted
Amendment #4094#4094AgreedAmends text
Amendment text
leave out “solely”
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1
Baroness Neville-Rolfe
Amendment #4095#4095AgreedAmends text
Amendment text
after “subsection (5)” insert “(a) to (c) for some examples of necessary information”
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Baroness Neville-Rolfe
Amendment #4096#4096AgreedAmends text
Amendment text
leave out “it necessary” and insert “that it is”
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Baroness Neville-Rolfe
Amendment #4097#4097AgreedAmends text
Amendment text
leave out lines 6 and 7 and insert “If any of the following information is included in a communication made for a permitted purpose, it is information that is “necessary for that purpose” (see subsection (1)(b)(i))—”
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Baroness Neville-Rolfe
Amendment #4098#4098AgreedAmends text
Amendment text
leave out “(T)”
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Baroness Neville-Rolfe
Amendment #4099#4099AgreedAmends text
Amendment text
leave out “all”
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1
Baroness Neville-Rolfe
Amendment #4100#4100AgreedAmends text
Amendment text
leave out “T” and insert “the person”
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Baroness Neville-Rolfe
Amendment #4101#4101AgreedAmends text
Amendment text
leave out “T” and insert “the person”
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Baroness Neville-Rolfe
Amendment #4102#4102AgreedAmends text
Amendment text
leave out “to 70C” and insert “and 70B”
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Baroness Neville-Rolfe
Amendment #4103#4103AgreedAmends text
Amendment text
after “include” insert “references to”
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Baroness Neville-Rolfe
Amendment #4104#4104AgreedAmends text
Amendment text
at end insert—
Where the threat of infringement proceedings is made after an application has been published (but before grant) the reference in section 70C(3) to “the patent” is to be treated as a reference to the patent as granted in pursuance of that application.”
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Baroness Neville-Rolfe
Amendment #4148#4148WithdrawnAmends text
Amendment text
after “the” insert “specific”
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Lord Stevenson of Balmacara

Clause 2 9

Amendment #3920#3920Not movedAmends text
Amendment text
at end insert “or using that sign, or causing another person to use that sign, in an electronic communication or publication offering goods for sale”
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Viscount Hanworth
Amendment #4105#4105AgreedAmends text
Amendment text
leave out “solely”
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2
Baroness Neville-Rolfe
Amendment #4106#4106AgreedAmends text
Amendment text
after “subsection (5)” insert “(a) to (c) for some examples of necessary information”
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Baroness Neville-Rolfe
Amendment #4107#4107AgreedAmends text
Amendment text
leave out “it necessary” and insert “that it is”
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2
Baroness Neville-Rolfe
Amendment #4108#4108AgreedAmends text
Amendment text
leave out lines 35 and 36 and insert “If any of the following information is included in a communication made for a permitted purpose, it is information that is “necessary for that purpose” (see subsection (1)(b)(i))—”
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2
Baroness Neville-Rolfe
Amendment #4109#4109AgreedAmends text
Amendment text
leave out “(T)”
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2
Baroness Neville-Rolfe
Amendment #4110#4110AgreedAmends text
Amendment text
leave out “all”
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2
Baroness Neville-Rolfe
Amendment #4111#4111AgreedAmends text
Amendment text
leave out “T” and insert “the person”
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2
Baroness Neville-Rolfe
Amendment #4112#4112AgreedAmends text
Amendment text
leave out “T” and insert “the person”
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Clause
2
Baroness Neville-Rolfe