Manchester City Council Trading Standards & Manchester Markets Matt Butler & Marsha Bell Trading Standards October 2017

Objectives: To provide Market Managers with a refresher on the following: The work Trading Standards do Intellectual Property – Counterfeit & Copyright Goods The Real Deal Campaign Product Safety

What Do Trading Standards Do? Investigate complaints from consumers, traders, referrals from other local authorities and agencies. Give advice to traders Carry out inspections at business premises Prosecute traders for non-compliance

Main Areas of Work Intellectual Property Stop the supply and sale of counterfeit & copyright goods. Weights & Measures Inspect and test weights & measuring equipment including retail/butchers scales, petrol pumps, alcohol dispensers etc. Product Safety Prevent the supply and sale of unsafe goods. Illicit Tobacco Stop the sale of illicit tobacco

Main Areas of Work Underage Sales Fair Trading Doorstep Crime Prevent the sale of age restricted goods to minors. Fair Trading Ensure that statements or descriptions made about goods and services are accurate. Doorstep Crime Prevent consumers from becoming victims of rogue traders. Animal Health Issue pet shop licenses, deal with complaints regarding animal welfare etc.

Intellectual Property (IP) – Counterfeit & Pirate Goods The sale of counterfeit (trade marked) and copyright (pirate) goods is an offence under the Trade Marks Act 1994 and the Copyright Design and Patents Act 1988. The Consumer Protection From Unfair Trading Regulations 2008 make it an offence to deliberately mislead a consumer into believing a product is made by a particular manufacturer/brand when it is not. The Proceeds of Crime Act 2002 also covers IP crime, this means that offenders can have their assets seized as part of the investigation. Money laundering offences may also be committed and the Fraud Act may be relevant in some cases. Anti Counterfeiting Group 30/5/17

Impact of IP Crime Consumer Health & Safety There is now a very wide range of counterfeit goods available, including; alcohol, cigarettes, cosmetics, medicine/healthcare products, toys, car parts, fashion clothing and accessories. It is very unlikely that counterfeit products have passed any safety tests and put consumers at risk of dangerous and poor quality goods. Links to Other Serious Organised Crime The Government now deem counterfeiting as serious organised crime in it’s own right. The profits from counterfeit goods are used to fund other serious crime such as drugs, gun crime, people trafficking and terrorism. Economic Impact Counterfeit goods have a financial impact of legitimate businesses/traders, trade mark/copyright holders and the Government through as loss of tax payments. Anti Counterfeiting Group 30/5/17

The Real Deal Campaign The campaign is a cross-sector, partnership initiative to bring together Trading Standards, Market Operators, Traders, Trade Mark holders who share a commitment to tackling IP crime. A Nation Markets Charter sets out key principles for market operators, local authority trading standards services, industry and trademark representatives to sign up to and abide by. Manchester’s Markets are signed up to the Real Deal as a commitment towards tackling IP crime on markets. The National Markets Charter, along with information leaflets for market traders can be accessed free of charge from www.realdealmarkets.co.uk Real Deal Markets 30/05/17

Counterfeiting Trends Designer Handbags Designer Clothing Electrical Equipment & Accessories (e.g. phone cases & Beats headphones) Cosmetics

How to Spot Counterfeit Goods Key things to consider include: Price Quality Evidence of invoices etc Useful guidance on the Anti Counterfeiting Group Website

Examples of Counterfeit Goods on Markets

Examples of Counterfeit Goods seized from Markets

What Can Manchester Markets Do to Prevent IP Crime? Include a clause in the traders contract giving you the power to ban a trader from the site if they are found to be breaking the law. Display posters and notices around the market – the Real Deal can supply these. Maintain a log of all traders, including proof of ID and vehicle reg. If you suspect a trader is selling counterfeit goods, give them an initial warning and keep a written record of it. If the initial warning is ignored and the problem persists, contact Manchester Trading Standards Not taking the reasonable steps above could put you at risk for illegal activity yourself!

Product Safety – recent issues Fidget Spinners Hoverboards Toys – in particular in the run up to Christmas

Manchester Trading Standards – Contact Details Trading_standards@Manchester.gov.uk Duty Officer: 0161 234 1589

Further Information Manchester City Council Website: Manchester City Council - Intellectual Property Anti-counterfeiting Group Website: Anti-counterfeit Group The Real Deal Website: Real Deal Markets Intellectual Property Office Website: IPO