What is IP crime?
If you own an intellectual property (IP) right such as a copyright, design, patent or trade mark, then others can not manufacture, use, sell or import it without prior permission. Unauthorised use of someone's IP can be classed as IP crime and may lead to prosecution.
Wilful trade mark infringement generally relates to counterfeiting whilst a breach of copyright can be piracy.
Examples of counterfeiting could include, fake:
- clothing
- footwear
- handbags
- pharmaceuticals
For more information, see trade mark crime.
Examples of piracy could be Digital Versatile Discs (DVD's), Compact Discs (CD's) or CD Roms of unauthorised copies of
- music
- software
- films
- games
For more information, see copyright crime.
There is a fine line between counterfeiting and piracy and it's not uncommon for the two to overlap.
Counterfeiting and piracy in the UK is a serious issue which impacts businesses, communities and consumers.
The Rogers Review in 2007 estimated that IP crime in the UK is worth £1.3 billion annually while the global trade in counterfeit and pirate products seized across borders is estimated by the OECD to be worth around $200 billion per year.
Counterfeit products also raise serious safety concerns and can put consumers at risk.
The unauthorised use of your IP is a criminal offence in some instances and can lead to prosecution under Section 92 of the Trade Mark Act in relation to Trade Mark infringement, and Sections 107A and 198 of the Copyright, Design, and Patent Act in relation to Copyright infringement.
It may be worthwhile, however, for you to try and find a solution with the infringer before taking any potentially costly legal action.
How do you report IP crime?
We are not a prosecuting agency, so we cannot provide advice to either party.