Counterfeit Goods
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What are Counterfeit Goods?
Counterfeit goods are anything which are a copy of something else but sold as the genuine product. With developed manufacturing techniques counterfeiters are able to make large volumes of relatively accurate copies for relatively little expense. It’s important to familiarise yourself with the counterfeit goods policy.
Counterfeit Laws
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.
Copyright may exist in certain goods such as CDs, DVDs and other electronic media. An 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.
The trading in counterfeit goods is increasing and it’s essential to be aware of counterfeit laws. We 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 bought 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 and there is 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.
If you would like to find out more about the counterfeit goods policy through our barristers with experience in this field, please make contact with our clerks.
