Counterfeits and trade marks
What the legislation does
Counterfeits Counterfeiting is the deliberate attempt to deceive consumers by copying and marketing goods bearing well known trade marks, generally together with packaging and product configuration, so that they look like they are made by a reputable manufacturer when they are, in fact, inferior copies.
Major areas of counterfeiting are software, toys, clothing and footwear, fragrances and cosmetics, 'luxury goods', motor car parts, industrial goods, aircraft parts, pharmaceuticals, food and drink and industrial chemicals.
Cheap but powerful computers e.g. linked with embroidering machines, can reproduce virtually any logo or mark. Fake labels also are easy to produce. The counterfeiter can also sell his product copies more cheaply, though often he will aim to maximise profit and lessen the risk of detection by charging at or near the same price as the genuine article.
‘Black Economy’
Counterfeiting not only results in a loss to the unsuspecting consumer but in a loss of genuine sales and consequent unemployment in legitimate businesses. Counterfeiters form a part of the 'black economy', not paying taxes, business rates or VAT.
Apart from financial losses the safety aspects are of great concern, from unsafe toys and blindness inducing fake vodka to lethal pharmaceutical fakes and hazardous fake household cleaners and brake pads.Profits from this trade are reported to be funding both organised crime and terrorism as well as drugs and arms.
Enforcement
Officers attend the various markets and events that take place throughout the year, Sunday markets and car boot sales, T in the Park. Temporary markets and sales have become an attractive venue for sellers of counterfeit and pirated goods. This often enquires surveillance & undercover test purchases. Can involve confrontation with organised gangs often requiring police presence.. Goods and equipment are liable to seizure. Seized goods must be presented to the relevant Trade Mark holders for examination.
Premises affected
Markets, one day sales, car boot sales, mail order companies, retail premises, manufacturers and importers. Goods also sold in pubs & clubs and around workplace (canteens etc.), internet and online auctions.
Key Legislation
Copyright, Designs and Patents Act 1988 Trade Marks Act 1994 Olympic Symbol etc (Protection) Act 1995
Trade Descriptions Act 1968
Video Recordings Act 1984
