Trade mark and copyright crime targeted in new training project

The Intellectual Property Office (IPO) and the Crown Prosecution Service (CPS) have teamed up to give hundreds of prosecutors specialist training to build successful cases against counterfeiting criminals.

The new scheme means prosecutors in England and Wales will now have the tools to help them tackle intellectual property (IP) crime.

The move is in line with the recently-published Hargreaves review of IP and growth and the Government’s IP crime strategy, which highlighted a need for a more integrated approach with partners to enforce IP rights.

Baroness Wilcox, minister for IP, said: “The initiative will give prosecutors the most up-to-date information so they can successfully deal with IP criminals.

“These offences are not victimless crimes. They have a detrimental effect on consumers, businesses, the economy and growth. Consumers are likely to receive poor quality or even unsafe products that simply aren’t worth the price.

“There are huge events coming up in the UK, such as the London 2012 Olympic and Paralympic Games. There will no doubt be people looking to sell counterfeit goods using trade marks associated with the Games.”

The Department for Business, Innovation and Skills said merchandise with an unauthorised London 2012 Olympic logo is already available in the UK supply chain. Counterfeit cigarette lighters have also been discovered at a car boot sale in the Coventry area and their source is being tracked down by Trading Standards.

Esther George, a senior policy advisor at the CPS, said: “Consumers will benefit from this new cooperation between the CPS and the IPO. It may be that criminals take advantage of the opportunities offered by the London 2012 Olympic Games and Paralympic Games, so the CPS and IPO have worked together to develop training which will equip prosecutors to deal more effectively with the unlawful distribution of counterfeit goods.”

Training includes a module specifically about dealing with IP crimes such as the selling of fake goods online. The training is also expected to help the CPS tackle emerging threats to businesses and consumers online.

Anyone found guilty of offences under the Trade Mark Act 1994 or the Copyright Designs and Patents Act 1988 could face a ten-year prison sentence and/or a fine. In addition, the Proceeds of Crime Act (PoCA) allows criminals’ gains from counterfeiting and piracy to be confiscated.

In May 2010, London Borough of Enfield Trading Standards secured an £11 million confiscation order, one of the largest ever secured by a local council under PoCA. It followed the prosecution of a local man in February 2008 after 30,000 pairs of counterfeit Burberry shoes were seized. The subsequent PoCA investigation revealed the defendant was also involved in a £72 million VAT carousel fraud.

The collaborative working arrangement comes on the back of a report which revealed that more people than ever before are successfully being prosecuted for IP crime in the UK. However, the annual IP Crime Report highlighted an increase in the sale and distribution of counterfeit and pirated goods over the internet during the past 12 months, although there was a reported fall in IP crime at sites such as outdoor markets.