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Home / Regulatory Law / Trading Standards Law / Counterfeit Goods

Counterfeit Goods

Barristers at St Pauls are well-versed in counterfeit laws and provide legal advice and representation on issues relating to counterfeit goods.

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CONTACT THE CLERKS

  • Clerk Jayne Drake

    Jayne Drake

    0113 2270703 Email
  • Clerk Matthew Taylor

    Matthew Taylor

    0113 2270706 Email
  • Clerk Lisa Tyczynska

    Lisa Tyczynska

    0113 2270708 Email

As the availability of counterfeit goods is increasing, especially online and on social media, it’s important to understand the counterfeit goods policy, how to identify a counterfeit, and your legal rights. Breaking counterfeit laws is a serious offence, and criminals who do so can face heavy fines or imprisonment.

What are Counterfeit Goods?

Counterfeit goods are products which are a copy of something else but sold as the genuine product, without permission from the brand owner. The goods mimic a brand’s logo, trademark or features to appear authentic. Sometimes, counterfeiters will even promote their products as ‘faux’.

With developed manufacturing techniques, counterfeiters are able to make large volumes of relatively accurate copies for relatively little expense.

Counterfeit laws are to be taken seriously because counterfeit goods are criminal, unethical and potentially harmful. When it comes to counterfeit products like cosmetics, electronics, sunglasses and clothing articles, misleading information about product testing and safety can have dangerous consequences.

Familiarising yourself with the counterfeit goods policy is important to keep yourself protected.

Counterfeit Laws

The following are some of the counterfeit laws that exist in the UK that you should be aware of:

  • It is a criminal offence to apply a registered trademark to products that are either unregistered or a copy of a genuine product that would carry the trademark. Even when the original product doesn’t carry a trademark, it may still be a criminal offence to copy the product. This is an offence commonly known as passing-off.
  • Any description of goods for sale must be accurate and authentic. There should be no false claims or indications about where the good has been produced or originated from.
  • Copyright may exist in certain goods such as CDs, DVDs and other electronic media. Infringement of copyright may occur where such goods are copied without the permission of the copyright owner. These goods are commonly known as counterfeits or pirated goods.
  • Retailers may be prosecuted for selling counterfeit goods even if they are unaware that the products are counterfeit. Retailers have a responsibility to take reasonable precautions to avoid selling counterfeit items.
  • If you have unknowingly purchased a counterfeit good, you are legally entitled to a refund within a certain timeframe from the date of purchase. For counterfeit goods purchased before 1 October 2015, you can ask for a refund under the Sales Goods Act 1979. For counterfeit goods purchased on or after 1 October 2015, you can ask for a refund under the Consumer Rights Act 2015.

The trading in counterfeit goods is increasing, and it’s essential to be aware of counterfeit laws to best protect yourself and your business. Barristers at St Pauls Chambers are well-versed in the intricacies of counterfeit laws and have developed expertise in both the prosecution and defending of such forgery court cases at all levels.

Forgery and Counterfeiting Act 1981

The treasury can ill afford the production or forgery of counterfeit notes and currency. Prosecutions are brought under the Forgery and Counterfeiting Act 1981.

It is an offence to make, pass off as genuine or have control of counterfeit currency. Similarly, there are offences relating to the possession of implements for the making of counterfeit currency. There is also a prohibition on the importation and exportation of counterfeits.

As trial lawyers, barristers at St Pauls Chambers have earned a reputation for skilful presentation of such cases at the both the Magistrates Court and the Crown Court.

It is a specialist area that neatly overlaps with prosecutions bought by Trading Standards for the counterfeiting of designer and trademark goods – often known as “passing off”.

So, whether it be the market trader who is prosecuted for selling pirate DVDs and computer games or the importer of fake, designer labelled clothes, St Pauls Chambers have criminal barristers that can provide legal advice and court representation to the highest standards.

Increasingly, counterfeit offences are being associated with money laundering offences and the recovery of money under the Proceeds of Crime Act 2002, again in an effort to bolster government finances.

Experts in Counterfeit Laws

If you are being investigated for, or have been accused of, breaking counterfeit laws, it’s important to seek the expert advice of a specialist barrister for the best chance of a positive outcome. To find out more about the counterfeit goods policy and counterfeit laws through our barristers with experience in this field, please make contact with our clerks.

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At St Pauls Chambers we hold vast experience in both the defence and prosecution of counterfeit law cases. Get in touch for further assistance.

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KCs

  • Sam Green QC Joint Head of Chambers

    Sam Green KC

    Call: 1998

    Silk: 2015

  • Nigel Sangster QC

    Nigel Sangster KC

    Call: 1976

    Silk: 1998

  • Richard Barraclough QC

    Richard Barraclough KC

    Call: 1980

    Silk: 2003

  • Simon Myerson QC

    Simon Myerson KC

    Call: 1986

    Silk: 2003

  • Bryan Cox

    Bryan Cox KC

    Call: 1979

    Silk: 2005

  • Jane Bewsey QC Associate Tenant

    Jane Bewsey KC

    Call: 1986

    Silk: 2010

  • Simon Bickler QC

    Simon Bickler KC

    Call: 1988

    Silk: 2011

  • John Harrison QC

    John Harrison KC

    Call: 1994

    Silk: 2016

  • Jonathan Sandiford

    Jonathan Sandiford KC

    Call: 1992

    Silk: 2020

  • Cameron Brown Associate Tenant

    Cameron Brown KC

    Call: 1998

    Silk: 2020

There are no KCs suiting filter condition

Members

  • Denise Breen-Lawton Joint Head of Chambers

    Denise Breen-Lawton

    Call: 2000

  • Jeremy Barnett- Barrister

    Jeremy Barnett

    Call: 1980

  • Philip Standfast

    Philip Standfast

    Call: 1980

  • Nikki Saxton

    Nikki Saxton

    Call: 1992

  • Robert Smith

    Robert Smith

    Call: 1995

  • Derek Duffy

    Derek Duffy

    Call: 1997

  • Nick Worsley Barrister

    Nicholas Worsley

    Call: 1998

  • Alasdair Campbell

    Alasdair Campbell

    Call: 1999

  • Andrew Stranex

    Andrew Stranex

    Call: 2000

  • Jane Brady | Barrister Leeds

    Jane Brady

    Call: 2001

  • James Bourne-Arton

    James Bourne-Arton

    Call: 2001

  • Danielle Graham

    Danielle Graham

    Call: 2003

  • Hal Watson

    Hal Watson

    Call: 2003

  • James Lake

    James Lake

    Call: 2005

  • Andrew Nixon

    Andrew Nixon

    Call: 2006

  • Helen Chapman

    Helen Chapman

    Call: 2006

  • Voldi Welch - Barrister at Law

    Voldi Welch

    Call: 2008

  • Avatar Small

    Hannah Hinton

    Call: 2008

  • Angus MacDonald

    Angus MacDonald

    Call: 2009

  • Sophie Mitchell

    Sophie Mitchell

    Call: 2010

  • Hannah Lynch

    Hannah Lynch

    Call: 2011

  • Stephen Flint

    Stephen Flint

    Call: 2012

  • George Hazel-Owram

    George Hazel-Owram

    Call: 2012

  • Kristina Goodwin

    Kristina Goodwin

    Call: 2013

  • Stephen Elphick

    Stephen Elphick

    Call: 2014

  • Charlie Greenwood

    Charlie Greenwood

    Call: 2015

  • Frances Pencheon

    Frances Pencheon

    Call: 2015

  • Jessica Heggie

    Jessica Heggie

    Call: 2017

  • Harry Crowson

    Harry Crowson

    Call: 2018

  • Temitayo Oguntade

    Temitayo Dasaolu

    Call: 2018

  • Ayman Khokhar

    Ayman Khokhar

    Call: 2018

  • Emma Handley

    Emma Handley

    Call: 2019

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    Matthew Moore-Taylor

    Call: 2020

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