The Prime Minister has announced the launch of an independent review of the UK's intellectual property laws. At the same time as announcing the launch of the review, the Department for Business, Innovation and Skills published the government's "Blueprint for Technology" which sets out how the government intends to support high-tech innovation, including reviewing the intellectual property framework "to ensure that it increases support for technology innovation and creativity". The scope of the intellectual property review will develop proposals on how the UK's intellectual property framework can further promote entrepreneurialism, economic growth and social and commercial innovation.

The review will examine how far the intellectual property framework promotes these objectives focusing on: 

·         Identifying barriers to growth in the intellectual property system, and how to overcome them.

·         How the intellectual property framework could better enable new business models appropriate to the digital age.

The subjects the review is expected to cover include:

·         Intellectual property and barriers to new internet-based business models, including the costs of obtaining permission from existing rights-holders, and investigation of the benefits of "fair use" exceptions to copyright and how these might be achieved in the UK.

·         The cost and complexity of enforcing intellectual property rights within the UK and internationally.

·         The interaction between intellectual property and competition frameworks.

·         The cost and complexity to small and medium-sized enterprises of accessing services to help them protect and exploit their intellectual property.

The review will make recommendations on:

·         How the intellectual property system nationally and internationally can best work to promote innovation and growth in the 21st century with a view to setting the agenda for the long term.

·         What short and medium-term measures can be taken now within the international framework to give the UK a competitive advantage. 

While the review is not exclusively focusing on patents, the British Brands Group and the Institute of Trade Mark Attorneys have expressed serious concern that the government and the IPO are overlooking trademarks and brands as key elements and drivers of economic growth. The two groups emphasised that, while original ideas and new ways of thinking were important, they had to be commercialised successfully to generate wealth; that was where trademarks and branding had a significant contribution to make. In a further twist, it was announced that the House of Commons Culture, Media and Sport Committee has suspended its inquiry into the protection of intellectual property rights online.

The Committee has said that it has taken this decision in light of the ongoing judicial review of some provisions of the Digital Economy Act 2010. The Committee's decision is surprising in view of the High Court decision of 21 April 2011, in which it rejected all the grounds on which BT and TalkTalk sought judicial review of the provisions of the Digital Economy Act.