Counterfeit Goods

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.