FITUG e.V.

Förderverein Informationstechnik und Gesellschaft

UK: Possible Changes to the Criminal Provisions in IP Law

http://www.patent.gov.uk/dpolicy/crimprov.html


Consultation Paper on Possible Changes to the Criminal Provisions in Intellectual Property Law

1.The above consultation paper explores a number of possible legislative changes to improve enforcement against intellectual property crime. Legislation in this area is in addition to a number of other initiatives, both national and international, such as the new Counterfeiting and Piracy Enforcement Forum bringing together Government, industry, public sector enforcers, consumers, retailers and Internet service providers and the expected follow-up to the EC Green Paper on counterfeiting and piracy in the single market, and including efforts to improve consumer understanding of the implications for them if they buy fake goods. Legislative changes suggested would in general increase comparability and compatibility between copyright and related offences on the one hand and trade mark offences on the other hand. The overall effect would be a rationalisation given the considerable overlap between these offences and would remove unnecessary bars to effective enforcement, in many cases easing the burden of enforcement work.

2.The following areas are explored in the consultation paper:

appropriate penalty levels for copyright and related offences and whether it is reasonable to achieve equalisation with those for trade mark offences at a point somewhat below current trade mark ones;

whether there is any need for better powers of search and seizure, particularly to allow effective police investigation of copyright and related offences;

whether provisions on forfeiture of infringing material for copyright and related offences should match the trade mark provision allowing forfeiture to be sought even where there has been no prosecution.

3.Copies of the consultation paper and the associated regulatory impact assessment are available in pdf format and can viewed and downloaded by clicking here.

4.Comments on all the above matters, which are explained more fully in the consultation paper, should be sent by Monday 3 April 2000 at the latest to:

Teresa Arnesen
Copyright Directorate
The Patent Office
Harmsworth House
13-15 Bouverie Street
London
EC4Y 8DP

E-mail: copyright@patent.gov.uk
Fax: 0207 596 6526/6527
Tel: 0207 596 6513

5.Please note, if you wish any responses to remain confidential, this should be clearly stated in your reply. Otherwise, any responses received may be made available to the public under the code of access to Government information or future freedom of information legislation.

Last updated 24 February 2000


For details, see

http://www.patent.gov.uk/dpolicy/pdf/cpiplaw.pdf

http://www.patent.gov.uk/dpolicy/pdf/imassess.pdf

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