UK shines in copyright law index despite criticism from consumers
The UK is second only to the US in the competitiveness of its copyright regime according to a survey by law firm Taylor Wessing. This despite a recent Consumer Focus report ranking it the worst in the world.
The need for speedy decisions, fair but deterrent-level remedies and government action against physical and digital piracy earned the UK 750 out of 1000 points in the 2009 Global IP Index Report - a whisker away from the US at number one with 752 points.
According to the GIPI report, its survey was more objective than the one conducted by Consumer Focus, a UK-based consumer watchdog, because it looked at copyright issues from both the copyright owners and non-copyright owners perspective.
"[Consumer Focus] was primarily measuring the scope of ‘fair use' and private copying defences available," said Taylor Wessing in a press release. "The UK was being criticised for making them too narrow. Because the GIPI is a measure of not just the enforcement of IP rights but also obtaining, exploiting and, in particular, attacking them, it gives the broadest possible perspective on a country's IP regime. The high ranking for the UK suggests that, contrary to the consumer survey results, the balance in the UK is more right than wrong."
The GIPI report, now in its second year, combined a worldwide survey of experts and practitioners in IP, as well as analysis of empirical data to score the patent, trademark and copyright regimes of 24 countries around the world. The UK ranked in the top two across all IP sectors, marking the country out as the most effective IP system in the world.
The report looked at the cost effectiveness of copyright enforcement, copyright exploitation, as well as the ease of challenging copyright.
Roland Mallinson, IP Partner at Taylor Wessing, said: "Survey respondents particularly highlighted the huge problem posed by online piracy. Outdated and inflexible legislation that inadequately provides for the online environment is universally identified as a cause for low ratings. The goal must be for IP regimes to quickly deliver greater legal certainty on this controversial issue, finding the right balance between the interests of the rights holders, internet businesses and users."
In contrast to the GIPI rankings, Consumer Focus rated the UK as 16th out of 16 countries, below Pakistan, Thailand, China and Brazil, criticising the countries copyright regime for being least effective in balancing the interests of rights holders against those of consumers.
"UK copyright law is the oldest but also the most out of date - it's time our copyright law caught up with the real world," said Ed Mayo, chief executive of Consumer Focus. "The current system puts unrealistic limits on our listening and viewing habits and is rapidly losing credibility among consumers."
The UK is currently undertaking a wholesale review of its copyright system through the Department for Culture, Media and Sport. Lord Carter is set to release his eagerly awaited Digital Britain report which hopes to address issues surrounding digital content rights and distribution. One idea put forward is the creation of a Digital Rights Agency which would police copyright on the internet and enforce protection on other platforms. However, the government has revealed no plans to introduce a ‘fair use' system similar to the US model.
Other change to the UK's copyright laws, which will affect the whole of the EU, will be the extension of copyright protection to recorded performances from 50-70 years. According to Roland Mallinson, this may mean that: "GIPI ratings, at least for exploiting copyright, may rise for the EU countries we survey."
