The measures, though, do not involve increasing the possible
jail sentences for online infringement as proposed by 2006's Gowers
Review of Intellectual Property.
The Intellectual Property Office (IPO) has consulted with the
public and industry on possible changes to sentencing and has
received support for the increase in the penalties for copyright
and other IP law infringement.
"Government will therefore work to identify the suitable
legislative options for taking this forward," said its report on
the consultation process.
The Gowers Review of Intellectual Property recommended that the
punishments for IP law infringement be the same regardless of
whether the offence was on the internet or to do with physical
goods.
Someone engaged in the piracy of physical goods for commercial
gain can face 10 years in jail. The Gowers Review proposed making
that true for online infringement as well. Though the Government
accepted all Gowers's recommendations, it rejected this one when it
came to formulating its consultation.
"It is Government policy that prison should be used mainly for
serious and dangerous offenders and that sentences should only be
as long as necessary for punishment and public protection," said
the consultation, which rejected even asking whether jail sentences
should be increased. "It is worth noting that the Crown Courts
already deal with the more serious IP cases under general law such
as the Fraud Act 2006."
Instead, the Government decided to consult on increasing the
maximum fines available in all copyright or IP cases to
£50,000.
It offered industry and the public the choice of keeping the law
unchanged, where fines are capped at £5,000 in England and Wales
and £10,000 in Scotland; increasing fines to £50,000 for copyright
infringement; and increasing fines to £50,000 for all IP
infringement.
The majority of respondents backed the third option, and the
Government said it would create legislation to implement that
idea.
"On the introduction of an exceptional statutory maxima [higher
fine caps], responses were generally positive, believing it would
serve as a deterrent for would-be offenders," said the IPO's report
on the consultation.
Responses were largely from industry bodies representing
copyright holders, such as the UK Film Council, publishers'
associations and game developers' representatives. Though the
increase in fines was welcomed, people responding to the
consultation warned against their indiscriminate use.
"There was concern that this level of penalty should be used
with care and only when the case required it," said the IPO's
report. "A few responses thought that exceptional statutory maxima
should be set in accordance with the seriousness of the offence and
the profit gained. Several noted that the courts would need to set
a fine appropriate to the circumstances for each case."
All of the respondents who agreed with the need for an increase
in the fines said that the increase should apply not just to
copyright infringement but to all IP-related offences.
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