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

2. 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

3. 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

4. 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

5. 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.

6. 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

7. 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

8. 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
Real Deal Markets 30/05/17

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

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

11. Examples of Counterfeit Goods on Markets

12. Examples of Counterfeit Goods seized from Markets

13. 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!

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

15. Manchester Trading Standards – Contact Details
Duty Officer:

16. 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