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Arrangement of Clauses (Contents)

Copyright and Trade Marks Bill [H.L.]
 
 

 
 
A

B I L L

TO

Amend the law relating to copyright and trade marks; to impose a duty not to imitate features of goods or services; and to extend the powers of certain courts to make orders for preserving evidence.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

  PART I
  OCCASIONAL SALES
Infringement of copyright at occasional sales.     1. - (1) After section 25 of the 1988 Act (secondary infringement: permitting use of premises for infringing performance) insert the following section-
 
 
"Secondary infringement: occasional sales.     25A. - (1) Where the copyright in a work is infringed by the sale or the offer or exposure for sale or hire of an article at an occasional sale, the person who holds the occasional sale is also liable for the infringement if, at any time prior to or during the occasional sale, he knew or had reason to believe that the sale or offer or exposure for sale or hire of such articles was taking place or was likely to take place at the occasional sale.
 
    (2) In this section "occasional sale" means a concourse of buyers and sellers of articles held otherwise than on a highway and comprising not less than five stalls, stands, vehicles (whether moveable or not) or pitches from which articles are sold.
 
      (3) A person holds an occasional sale for the purposes of this section if-
 
 
    (a) he receives or is entitled to receive payment for the right to participate in the sale or for any space or pitch hired or let on the site of the sale to persons wishing to trade at the sale; or
 
    (b) as a person enabling the sale, or as the agent, licensee or assignee of a person enabling the sale, he receives or is entitled to receive payment from persons trading at the sale for goods sold or services rendered to persons attending the sale."
      (2) In section 107 of the 1988 Act (criminal liability for making or dealing with infringing articles, &c), after subsection (1) insert-
 
 
    "(1A) A person who holds an occasional sale (within the meaning of section 25A) commits an offence if at any time prior to or during the occasional sale he knew or had reason to believe that any person at the occasional sale, without the licence of the copyright owner, was likely-
 
 
    (a) in the course of business-
 
      (i) to sell or let for hire, or
 
      (ii) to offer or expose for sale or hire, or
 
      (iii) to exhibit in public, or
 
      (iv) to distribute, or
 
    (b) to distribute otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,
  an article which is, and which he or that other person knew or had reason to believe is, an infringing copy of a copyright work."
 
      (3) In section 198 of the 1988 Act (criminal liability for making, dealing with or using illicit recordings)-
 
 
    (a) after subsection (1) insert-
 
    "(1A) A person who holds an occasional sale (within the meaning of section 25A) commits an offence if at any time prior to or during the occasional sale he knew or had reason to believe that any person at the occasional sale, without sufficient consent and in the course of a business, was likely to-
 
 
    (a) sell or let for hire, or
 
    (b) offer or expose for sale or hire, or
 
    (c) distribute,
  an article which is, and which he or that other person knew or had reason to believe is, an illicit recording.";
 
 
    (b) in subsection (3) after "subsections (1)" insert ", (1A)"; and
 
    (c) in subsection (4) after "subsection (1)" insert ", (1A)".
Trade mark infringement at occasional sales.     2. - (1) After section 10 of the 1994 Act (infringement of registered trade mark) insert the following section-
 
 
"Infringement at occasional sales.     10A. - (1) Where a trade mark is infringed by the sale or offer or exposure for sale or hire of goods under a sign at an occasional sale, the person who holds the occasional sale is also liable for the infringement if, at any time prior to or during the occasional sale, he knew or had reason to believe that the sale or offer or exposure for sale or hire of such goods under such a sign was taking place or was likely to take place at the occasional sale.
 
    (2) In this section "occasional sale" means a concourse of buyers and sellers of articles held otherwise than on a highway and comprising not less than five stalls, stands, vehicles (whether moveable or not) or pitches from which articles are sold.
 
      (3) A person holds an occasional sale for the purposes of this section if-
 
 
    (a) he receives or is entitled to receive payment for the right to participate in the sale or for any space or pitch hired or let on the site of the sale to persons wishing to trade at the sale; or
 
    (b) as a person enabling the sale, or as the agent, licensee or assignee of a person enabling the sale, he receives or is entitled to receive payment from persons trading at the sale for goods sold or services rendered to persons attending the sale."
      (2) In section 92 of the 1994 Act (unauthorised use of trade mark, &c. in relation to goods), after subsection (3) insert-
 
 
    "(3A) A person who holds an occasional sale (within the meaning of section 10A) commits an offence if at any time prior to or during the occasional sale he knew or had reason to believe that any person at the occasional sale, with a view to gain for himself or with intent to cause loss to another and without the consent of the proprietor, was likely to sell or let for hire, offer or expose for sale or hire or distribute goods which bear, or the packaging of which bears, a sign identical to or likely to be mistaken for, a registered trade mark."
 
 
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