Digital Economy Act 2017


Added on: 31/05/2017

The Digital Economy Act 2017 addresses policy issues related to electronic communications infrastructure and services, and updates the conditions for and sentencing of criminal copyright infringement.

Part 4 of the Act deals with Intellectual Property and sets out new offences for infringing copyright by amending the Copyright, Designs and Patents Act 1988.

The maximum possible sentence for communicating copyright works to the public (in s.107(2A) of the Copyright, Designs and Patents Act 1988) will be extended from two years to ten years.

A person will be criminally liable if they communicate a copyright work to the public and they:

- know or have reason to believe that they are infringing copyright in the work and

- either (i) intend to make a gain for themselves or another person or (ii) know or have reason to believe that communicating the work to the public will cause loss to the owner of the copyright work, or will expose the copyright owner to a risk of loss.

Web-marking for UK and EU registered design owners
The Act makes a provision so a product can be marked or stamped with a relevant internet link – instead of the design number – as a way of countering any defence that an infringement was ‘innocent’ (innocent infringers are not liable for damages). This replicates a regime already in place for patents, making it easier for designers to put potential infringers on notice of their right, as they will simply need to update the website page when details of registrations change.