Press Coverage - 15/01/2025
Anti-Counterfeiting & Your Intellectual Property Rights
Our Head of Intellectual Property, Simon Miles recently contributed an article to IP journal, Entertainment Law Review (2025 36 ENT LR issue 1). The piece examines the ways in which a rights owner can protect its IP assets against organised counterfeiters.
IP crime, in the form of brand and identity theft, is now at the very centre of organised crime. The UK Trading Standards Survey published on 31 July 2023 emphasised two trends. The published report stated:
“At the same time as IP criminals exploit developments in online technology through identity fraud and online fakery; traditional networks – through shops and markets, selling commonplace counterfeit items like cigarettes, clothing and jewellery – remain significant threats to honest traders and consumers. The war against IP crime has become a complex operation, combining insights into transformative online technology and age-old investigative techniques acquired through experience on the streets.”
Effective anti-counterfeiting action requires a co-ordinated strategy underpinned by appropriate IP rights including trade marks, designs and copyright (the UK legal framework for the rights is set out in the Annex in page 9) and backed up by the use of technology.
The rights-owner’s priorities, its resources and the extent of the counterfeiting activity will determine the preferred course of action. Possible action that can be taken includes:
- Border measures by customs authorities
- Civil Court action
- Criminal proceedings and working with law-enforcement authorities
- Private prosecutions
- Targeting websites and ISP’s to take-down online counterfeit goods and illegal grey market goods…
Subscribers to Entertainment Law Review can read the full article in 2025 36 ENT LR issue 1 – more details here
You can also read and download the original client guide on our website.