My Lords, these amendments were moved in the other place following discussions that I and my right honourable friend David Willetts had with industry representatives. They raised concerns about the possible unintended consequences of simplifying the eligibility requirements for UK unregistered design right. Their concerns focused on whether the qualification requirements had been extended too far and as a result included those countries which did not offer reciprocal protection to UK designers.
Following further helpful exchanges with industry groups such as the IP Federation, SIPA and the International Chamber of Commerce, the Government amended the Bill. Commons Amendments 1, 2 and 3 ensure that those who qualify for UK unregistered design right must fall within the definition of a “qualifying person”. Broadly, they must be either an individual who is habitually resident in a qualifying country, or a company that is formed under the law of a part of the UK or other qualifying country and which has in a qualifying country a place of business where substantial business activity is carried on. Further, where the unregistered design right arises by virtue of being the first to market the design, such marketing must be done by a qualifying person.
Representatives of both large and small players in the design industry have welcomed these changes, and noble Lords may also be aware that the changes received broad support in the Commons. I therefore hope that this House will agree to these Commons amendments, which represent a reasonable and realistic way of ensuring that the design framework continues to support UK businesses in an appropriate and fair way while also meeting the original aim of simplifying overly complex aspects of unregistered design protection. I beg to move.