IPR Enforcement in the United Kingdom Kenny Wright Danish Patent and Trademark Office
Objective To give an overview of intellectual property right (IPR) enforcement in the United Kingdom
Agenda United Kingdom The Law Enforcement Bodies Problem – 2004 Solution Results Conclusion
United Kingdom
Total population 61 Million Head of State - Queen Four separate “countries” Four different parliaments Local Government
United Kingdom Queen 4 Parliaments Local Government
United Kingdom Value of IPR 16 billion – GBP 8.2 % of economy 2 million jobs
The Law
Trade Mark Act years imprisonment Copyright, Designs and Patent Act years imprisonment Fraud Act years imprisonment
The Law The Procceds of Crime Act 2002 o Civil recovery of proceeds of crime o No need to prove type of offence o Burden of proof on suspect o Society benefits
Enforcement Bodies
Enforcement BodiesParliament Local Government Enforcement Bodies
UK Border Agency Police Services Trading Standards Right Holders ?
Enforcement Bodies UK Border Agency UK Border AgencyParliament Local Government Enforcement Bodies
Enforcement Bodies UK Border Agency 25,000 officers Securing UK borders & controlling migration Customs Regulations – border & interior Can act ex-officio
Enforcement Bodies Police Services 166,000 Police Officers National Police Services Territorial Police Services Miscellaneous Police Services
Enforcement Bodies National Police Services National Police Services Parliament Local Government Enforcement Bodies
Enforcement Bodies National Police Services Serious Organised Crime Agency Scottish Crime and Drug Enforcement Agency British Transport Police
Enforcement Bodies Territorial Police Services Enforcement BodiesParliament Local Government Territorial Police Services
Enforcement Bodies Territorial Police Services 1 Police territorial service in Northern Ireland 8 Police territorial services in Scotland 43 Police territorial services in England & Wales
Enforcement Bodies Territorial Police Services Supervision Police Authority o Three Magistrates o Nine Councillers o Five Independents Independent Police Complaints Commission
Enforcement Bodies Territorial Police Services Standards Association of Chief Police Officers Her Majesty’s Inspectorate o Exam and assess Police Services
Enforcement Bodies Territorial Police Services Structure Uniform Branch Criminal Investigation Department Specialist Departments
Enforcement Bodies Police Services Ex-officio Vast majority of police officers not armed Private funding
Enforcement Bodies Trading Standards Enforcement BodiesParliament Local Government Trading Standards (Except Northern Ireland)
Enforcement Bodies Trading Standards Professional Association Act on behalf of consumers and business Fair trading and consumer safety Over 300 offices (32 in London) Advise on and enforce laws
Enforcement Bodies Trading Standards Over 600 Staff Enter direct from school and study for qualification Obtain consumer protection degree Knowledge exchanged through professional training
Enforcement Bodies Trading Standards Over 300 Acts & Statutes (Consumer Related) Product labelling Weights & Measures Under age sales Counterfeit and pirate goods
Enforcement Bodies Trading Standards Duties Advising consumers and businesses Enter premises to inspect goods & docs, unless home Taking samples for testing Checking weighing scales and measures are accurate Investigations – test buys, surveillance, undercover Preparing evidence & prosecuting cases
Enforcement Bodies Trading Standards Can act ex-officio If reasonable grounds to suspect that an offence has been committed –seize and detain any goods and documents –take copies of any books –seize anything which may be required as evidence in proceedings No power of arrest – caution, fine or prosecute
Enforcement Bodies Right Holders Investigations – test buys, surveillance, undercover Regulatory Investigative Powers Act Civil prosecution Criminal prosecution Private criminal prosecution
The Problem 2004
The Problem 2004 National Police ServicesGovernment UK Border Agency Local Government Right Holders T erritorial Police Services Trading Standards
The Problem 2004 IP Crime in UK Criminal gain 1.3 billion GBP Loss of jobs and taxes Health & safety Pharmaceuticals Personal care items Food & drink Electrical items
The Problem 2004 IP Crime in UK Structure of Government creates challenges Lack of uniformity in enforcement Stretched resources Lack of shared intelligence Awareness
The Solution
The Solution Intellectual Property Office Intellectual Property Office established 2004 Previously UK Patent Office Responsible for IPR in United Kingdom Secretariat for IP Crime Group
The Solution Intellectual Property Office IP Crime Group o Co-ordinates IPR enforcement o Raising Awareness o Best Practice o Training o Intelligence Database o IP Crime Report
The Solution IP Crime Group National Police Services UK Border Agency Right Holders IP Office Territorial Police Services Trading Standards
Results
convictions ,260 convictions custodial sentences custodial sentences – GBP Million - GBP
Conclusion
Need for co-operation and collaboration Greater training and awareness Intelligence led policing Multi-agency partnership working