Gowers Review of Intellectual Property

At the Enterprise Conference on 2 December 2005, the Chancellor of the Exchequer announced that, as part of the Pre-Budget Report 2005 package, he was asking Andrew Gowers to lead an Independent Review to examine the UK's intellectual property framework.

The Open Rights Group has been formally invited to participate. We are currently drafting our submission and wish to include your thoughts and opinions. We have reproduced the Call for Evidence below and invite you to contribute - just hit 'respond' next to the paragraph you wish to comment on.

Many of the questions asked by Andrew Gowers in this review are very focused, but you should feel free to comment on the issues and the wider implications rather than feel obliged to provide specific answers. If you want to talk about issues not raised by this call for evidence, please do - just leave your comments on the Introduction.

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Limitations of Review Scope

The Government conducted a Review of Government Information in 2000 (Cross Cutting Review of the Knowledge Economy – Review of Government Information, July 2000), as part of the Cross-cutting Review of the Knowledge Economy, and has since implemented the EU Directive on the Re-use of Public Sector Information (EU Directive 2003/98/EC on the Re-use of Public Sector Information, 17 November 2003 (PDF)) through the Re-use of Public Sector Information Regulations 2005 (The Re-use of Public Sector Information Regulations 2005). We wish to make clear that Crown Copyright, Parliamentary Copyright, and the regulations governing Public Sector Information are therefore specifically outside the scope of the Gowers Review. However, it is likely that the Review will have relevance to public sector organisations, for example through its examination of copyright more generally, and of how IP is licensed and exchanged.

The Patent Office is currently consulting on two specific intellectual property issues: the inventive step requirement in UK patent law and practice; and the way UK trade mark applications are examined on the basis of their potential conflict with earlier trade marks. While we would encourage interested parties to participate in these consultations via the Patent Office website – www.patent.gov.uk – we wish to make clear that issues related to the inventive step and the registration of Trade Marks are not outside the scope of the Review.

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