Gowers review gives teeth to software copyright laws

Businesses could be raided by Trading Standards

Authorities could soon be able to raid businesses suspected of using unlicensed software without needing warrants, under reforms proposed to copyright laws last week.

Section 107A of the Gowers Review of Intellectual Property, recommends that trading standards officers should be able to implement inspection regimes where they can inspect any business user of software suspected to be illegal.

John Lovelock, director general of the Federation against Software Theft, said that they have been lobbying for the reforms for 13 years.

'Gordon Brown announced in his pre-budget speech that £5m will be given to trading standards officers to begin taking action against copyright infringement. At the moment nobody from a government policing agency enforces copyright infringement in the UK,' he said.

'Trading standards do trademark and patent stuff and trade descriptions, but they won't touch copyright infringement. Gowers recommends that copyright infringement should be enforced by a government agency, and we welcome that.'

The report says 'in the modern world, the UK's economic competitiveness is increasingly driven by knowledge-based industries, innovation and creativity. Intellectual Property (IP) - protecting and promoting innovation - has never been more important.'

Lovelock says FAST has been trying to get IP on the national policing agenda for years.

'It looks like they're starting to listen to us at last. Its only an implication in Gordon Brown's speech, but if IP crime goes on the national policing agenda this means that ACPO will be measured against what IP crime they prosecute in their respective areas,' he said.

Julian Heathcote Hobbins, senior legal council at FAST, says the federation still feels there are some deficiencies in the review.

'We were hoping he would recommend for Article 4 of the enforcement directive to be implemented where FAST can sue on behalf of member publishers. As an enforcement body I think we should be in a position to do that. It would make the process quicker,' he said.

Many software publishers are unwilling to be connected with pursuing end users, especially in the business sector, as they don't want to be alienate customers or potential customers.

'This means they are supportive of FAST having the representative rights to prosecute as the victim, as software publishers names' would not appear in courts, and there would be no damage to their reputation. There is still work to do on this issue,' said Lovelock.

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