GLOSSARY

Counterfeit definition

Published by a LexisNexis Corporate Crime expert

What does Counterfeit mean?

A counterfeit is a replica of a branded product (complete with trade marks) which misleads consumers into thinking that it originates from the legitimate brand owner.

Corporate Crime

Something is counterfeit if it is made to resemble that which it is not.

Under the Forgery and Counterfeiting Act 1981 (FCA 1981), s 28(1), currency is counterfeit if it resembles a currency note or protected coin to such an extent that it is reasonably capable of passing for a currency note or protected coin of that description, or it is a currency note or protected coin which has been so altered that it is reasonably capable of passing for a currency note or protected coin of some other description. FCA 1981, s 27 defines the terms 'currency note' and 'protected coin'.

Minimise

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Art law—authenticity, provenance and attribution of artworks

Art law—authenticity, provenance and attribution of artworks ‘The attribution of works of art to particular artists is often a matter of great controversy’ (per Sir Raymond Evershed MR). The value of the art market continues to grow, and the attribution of a work to a particular individual can have a dramatic impact on its sale price. As Jordan Holland, a barrister involved in the art law area has said in an article on this subject: ‘ … a desirable attribution has the capacity to raise the price of a piece from tens of thousands of pounds to tens of millions of pounds. When this is taken together with the influx of new collectors, buyers and art investors into the market it is hardly surprising that the court is being asked to consider the attribution of art and cultural property on an increasingly frequent basis. In doing so, it is required to answer questions which are different from those with which it is usually faced’. See: The approach of the English court to connoisseurship, provenance and technical analysis, Jordan Holland, Dec. 2012, Art Antiquity & Law (Vol. 17, Issue 4), Institute of Art and Law (Not available on Lexis®️). This Practice Note examines disputes in relation to the authenticity of artworks, ie the attribution of a piece to a particular artist. There are a broad range of issues that can

Defence and security procurement—European Union—Q&A guide

Defence and security procurement—European Union—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to defence and security procurement in European Union published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022). Authors: Norton Rose Fulbright—Michael Jürgen Werner; Julia Kampouridi 1. What statutes or regulations govern procurement of defence and security articles? Regarding the primary EU rules, article 346 section 1(b) Treaty on the Functioning of the European Union (TFEU) states: any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions of competition in the internal market regarding products which are not intended for specifically military purposes. Member States can choose to derogate from EU rules in the field of defence procurement (including the Defence and Security Directive) on a particular basis and by invoking article 346 of the TFEU. They should demonstrate that the national measures cover defence goods; that the measures are relevant for the essential security interests at stake; and that the extraordinary national measures are necessary to protect essential security interests. In the past decades, article 346 TFEU has been used in an abusive manner to circumvent the application of the procurement rules; this exception

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Section 9 witness statement (counterfeit goods)

Section 9 witness statement (counterfeit goods) CASE: R v [insert name of defendant] STATEMENT OF: [insert name of witness] AGE OF WITNESS: Over 18 years OCCUPATION: [insert job title of witness] ADDRESS: [insert address of witness] This statement (consisting of [insert number] pages each signed by me) is true to the best of my knowledge and belief, and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true. Signature ………………………………………………………………. Dated [insert date] 1 I am the [insert position eg Head of Product Security] for [insert name of the Right holder] (the Right holder). I make this witness statement on the basis of my own knowledge acquired in the conduct of this matter on behalf of the Right holder, from information obtained from colleagues, and from examining the Right holder’s files. I am authorised to make this witness statement on behalf of the Right holder. 2 I have been employed by the Right holder since [insert date of commencement of employment] and have, in that time, been responsible for the Right holder’s product security. My duties and responsibilities include the day-to-day conduct of anti-counterfeiting matters for the Right holder particularly with respect to its well-known [insert name of product] (the Product). I work with public law enforcement

Report to notify anti-counterfeiting matters to a client or to the business

Report to notify anti-counterfeiting matters to a client or to the business This is a Precedent report to notify anti-counterfeiting matters to a client or to another part of a business. This might include detentions by the customs authorities pursuant to the simplified procedure set out in Retained Regulation (EU) 608/2013 as amended by the Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019, SI 2019/514, detentions by the Chartered Institute of Trading Standards or the police, or other discoveries of counterfeit goods. Its purpose is to streamline the process of taking instructions on whether a detained or discovered good is counterfeit and it is often used to deal with fairly low value, time-critical detentions or discoveries. It can be used by solicitors and trade mark attorneys to seek instructions from external clients, or by in-house teams that need to liaise with other parts of the business. The report can be downloaded, and the second column will expand to fit its contents. It should be used in conjunction with the accompanying drafting

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How do I stop online abuse of my brand

How do I stop online abuse of my brand Brands and the Internet Brands can exploit the Internet as a platform for cost-effective marketing and rapid business expansion. However, those technologies which help brands gain a global reach also facilitate infringers and criminals misusing brands by way of cybersquatting, selling counterfeit goods, profiting from misdirected customers, etc while hiding behind the anonymity of the Internet. Your brand may also be under threat by critical competitors, customers, employees or pressure groups. There are many facets of online activity that can tarnish your brand, confuse and frustrate customers and ultimately result in a loss of business. Register trade marks and domain names While trade mark registrations are not an essential means to brand protection and enforcement, registrations mean you can take action for trade mark infringement which is usually simpler and cheaper than more evidence-based actions such as passing off in the UK or unfair competition in Europe. Ensure that trade mark and domain name registrations are in place for key trade or product names. Consider including countries where you may not have customers but nonetheless there is a threat of infringing activity, eg China because of the extent of mass manufacturing of counterfeit goods. For further information see: Trade mark law and regulation—overview. Beware of cybersquatting Your most valuable online brand asset is likely to be your domain name(s). Review your

How do I protect my trade mark following registration?

How do I protect my trade mark following registration? Use notices There is no legal requirement to use trade mark notices but it may help to deter would be infringers. It is a good idea to the ® symbol alongside the trade mark. Include a trade mark notice on your website or marketing literature. The use of the TM symbol which is used in respect of unregistered trade marks may serve as a deterrent although it has no legal meaning. See precedent: Intellectual property notices and Do I need to use trade mark and copyright notices?. Monitor trade mark applications Use a professional watch service (offered by trade mark attorneys ) to monitor any identical or similar trade mark applications that you might wish to oppose to protect your trade mark rights. Visit the Institute of Trade Mark Attorneys website to find an attorney. See Practice Note: Opposing a UK trade mark application. Enforce trade mark rights Unchallenged trade mark infringement will dilute the value of your trade mark. Set aside a budget for protecting your brand and

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Russia and Ukraine—important developments for brand owners

IP analysis: Louise Popple, senior professional support lawyer, Ina Kamps, knowledge management lawyer, and Alina Krukover, knowledge management lawyer, at Taylor Wessing, discuss how recent developments arising from the Ukraine conflict are impacting brand owners.

Local Government weekly highlights—26 May 2022

This week's edition of Local Government weekly highlights includes the latest news updates on the publication of the Sue Gray report; analysis includes the Minutes of the CPR Committee meeting on 1 April 2022 relating to procedural changes in traffic management enforcement, matters to consider when preparing for the operation of new Integrated Care Systems, draft proposals on Protection of Liberty Safeguards, analysis on the impact of the Building Safety Act 2022 and the Levelling Up and Regeneration Bill. Case analysis includes R v Governing Board of XYZ School, relating to school exclusion decisions; R (Cort) v London Borough of Lambeth, on the unlawful refusal to accommodate an NRPF applicant during COVID-19 pandemic for failure to have regard to central government ‘Everyone In’ policy. The weekly highlights also includes further updates on public procurement, governance, education, children’s social care, social care, healthcare, social housing, planning, licensing, local government finance and environmental law and climate change.

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