1. IPR Enforcement in the United Kingdom Kenny Wright Danish Patent and Trademark Office

2. Objective To give an overview of intellectual property right (IPR) enforcement in the United Kingdom

3. Agenda United Kingdom The Law Enforcement Bodies Problem – 2004 Solution Results Conclusion

4. United Kingdom

5. Total population 61 Million Head of State - Queen Four separate “countries” Four different parliaments Local Government

6. United Kingdom Queen 4 Parliaments Local Government

7. United Kingdom Value of IPR 16 billion – GBP 8.2 % of economy 2 million jobs

8. The Law

9. Trade Mark Act 1994 10 years imprisonment Copyright, Designs and Patent Act 1988 10 years imprisonment Fraud Act 2006 10 years imprisonment

10. 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

11. Enforcement Bodies

12. Enforcement BodiesParliament Local Government Enforcement Bodies

13. UK Border Agency Police Services Trading Standards Right Holders ?

14. Enforcement Bodies UK Border Agency UK Border AgencyParliament Local Government Enforcement Bodies

15. Enforcement Bodies UK Border Agency 25,000 officers Securing UK borders & controlling migration Customs Regulations – border & interior Can act ex-officio

16. Enforcement Bodies Police Services 166,000 Police Officers National Police Services Territorial Police Services Miscellaneous Police Services

17. Enforcement Bodies National Police Services National Police Services Parliament Local Government Enforcement Bodies

18. Enforcement Bodies National Police Services Serious Organised Crime Agency Scottish Crime and Drug Enforcement Agency British Transport Police

19. Enforcement Bodies Territorial Police Services Enforcement BodiesParliament Local Government Territorial Police Services

20. 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

21. Enforcement Bodies Territorial Police Services Supervision Police Authority o Three Magistrates o Nine Councillers o Five Independents Independent Police Complaints Commission

22. Enforcement Bodies Territorial Police Services Standards Association of Chief Police Officers Her Majesty’s Inspectorate o Exam and assess Police Services

23. Enforcement Bodies Territorial Police Services Structure Uniform Branch Criminal Investigation Department Specialist Departments

24. Enforcement Bodies Police Services Ex-officio Vast majority of police officers not armed Private funding

25. Enforcement Bodies Trading Standards Enforcement BodiesParliament Local Government Trading Standards (Except Northern Ireland)

26. 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

27. Enforcement Bodies Trading Standards Over 600 Staff Enter direct from school and study for qualification Obtain consumer protection degree Knowledge exchanged through professional training

28. Enforcement Bodies Trading Standards Over 300 Acts & Statutes (Consumer Related) Product labelling Weights & Measures Under age sales Counterfeit and pirate goods

29. 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

30. 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

31. Enforcement Bodies Right Holders Investigations – test buys, surveillance, undercover Regulatory Investigative Powers Act Civil prosecution Criminal prosecution Private criminal prosecution

32. The Problem 2004

33. The Problem 2004 National Police ServicesGovernment UK Border Agency Local Government Right Holders T erritorial Police Services Trading Standards

34. 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

35. The Problem 2004 IP Crime in UK Structure of Government creates challenges Lack of uniformity in enforcement Stretched resources Lack of shared intelligence Awareness

37. The Solution

38. 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

39. 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

40. The Solution IP Crime Group National Police Services UK Border Agency Right Holders IP Office Territorial Police Services Trading Standards

41. Results

42. 2002-402 convictions 2007-1,260 convictions 2002-25 custodial sentences 2007 - 268 custodial sentences 2002-0 – GBP 2007-136 Million - GBP

43. Conclusion

44. Need for co-operation and collaboration Greater training and awareness Intelligence led policing Multi-agency partnership working