Counterfeits and trade marks
What the legislation does
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
