Digital Economy Act 2017: Key IP Provisions

The Digital Economy Act 2017 contains a number of important provisions relating to IP. In particular, the Act:

• Increases the maximum sentence for the copyright offence of communicating copyright works to the public to ten years, a controversial measure (albeit the Government has suggested that the maximum penalty will only be applied in the most serious of circumstances).
• Repeals section 73 of the Copyright, Designs and Patents Act 1988 which had provided a defence where copyright works are immediately retransmitted by cable in the jurisdiction that they are first broadcast in (see article above).
• Provides for web-marking for UK registered designs (but not EU designs) – a product can now be marked or stamped with a relevant internet link (instead of the design number) as a way of countering any defence that an infringement was 'innocent'.