Major Report Due Soon - The Gowers Review
Introduction
This autumn, Andrew Gowers is expected to deliver his report following his independent review of the UK's law and procedure governing intellectual property rights.
When the review was first announced by Gordon Brown, it was declared that the review would examine the ways in which intellectual property rights are protected in the UK; assess whether the current system is too complex; and whether changes need to be made, especially as to how you enforce an intellectual property right.
The hope was (and still is) that the findings set out in the report would identify certain key areas of concern and that the report would recommend changes to current laws and procedures, to improve upon the present system.
A number of key institutional bodies have submitted responses to both the general and specific questions raised by the Gower Review. In particular, submissions have been made by the Intellectual Property Lawyers' Association, the City of London Law Society's Intellectual Property Committee and the Law Society for England and Wales.
Speaking ahead of the report, senior associate Carl Steele, a key member of the Ashfords IP team, says:
"The current system we have in the UK for obtaining and enforcing IP rights is pretty good, but could be improved.
There are a number of barriers that prevent many businesses from making the most of their intellectual property rights. This is particularly the case for small and medium sized enterprises ("SMEs").
For example, obtaining registered IP rights has costs implications. It is hoped that the report will put forward various proposals for easing the financial burden on SMEs.
The same applies when it comes to enforcement of intellectual property rights. In many cases the cost of IP litigation limits the extent to which SMEs can enforce their IP rights, and affects how they defend weak claims for IP infringement brought by other businesses that can afford to litigate. Unfortunately, this is, as the Law Society rightly points out, largely a direct consequence of the current system and nature of litigation before the English courts."
Head of Ashfords IP Department, Mark Lomas, says:
"We would like to see a quicker and more effective method of IP dispute resolution, which SMEs can use as well as big business. The system needs to ensure that the costs are more proportionate to the value of the IP rights in issue. The government constantly reminds us that the creation and exploitation of intellectual property rights is an essential part of the new 'knowledge economy' that we now live in. However, without structural change to allow more appropriate and cost effective methods of enforcing IP rights, the real value of these rights to SMEs is greatly reduced.
"The government also needs to work hard with its European neighbours to achieve a greater uniformity of approach across the EU. Many SMEs face significant barriers when trying to break into new European markets, because of the fact that intellectual property laws across Europe are not truly harmonised. Until more is done in this area, a true "single market" can never be possible."
Garry Mackay, one of Ashfords IP/IT partners and managing partner of Ashfords Bristol office says:
"We hope that the report brings new opportunities to help businesses of all sizes and that the best of its recommendations are taken up and actively promoted by government. Opportunities to improve the IP system in the UK are rare and it would be a shame if the findings do not create change for the better."
The Ashfords IP team will be reviewing the Gower Report when it is published and plans to comment on its findings in a news article to be posted on this website.
In the meantime, if you need assistance with any intellectual property issues then please feel free to contact us
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
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