Anti-counterfeiting and anti-piracy
Produced in partnership with Squire Patton Boggs
Anti-counterfeiting and anti-piracy

The following IP practice note produced in partnership with Squire Patton Boggs provides comprehensive and up to date legal information covering:

  • Anti-counterfeiting and anti-piracy
  • Step 1—what do you know about your target?
  • Step 2—what do you want to achieve and why?
  • Step 3—how can you realistically achieve your objectives?
  • Civil action
  • Criminal investigation by law enforcement agencies followed by prosecution
  • Using customs authorities
  • Private prosecution

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

This Practice Note provides guidance on the issues to consider and steps to take when tasked with tackling identified instances of counterfeiting and piracy. Since neither of these terms have universally accepted definitions, they are used in this Practice Note to denote acts of trade mark infringement (counterfeiting) and copyright infringement (piracy) which constitute criminal offences as well as attracting civil liability. In this Practice Note, the word ‘target’ is used to refer to counterfeiters and pirates alike.

This Practice Note does not detail the statutory provisions, and associated case law, relating to infringement and the associated offences which are most typically relevant to counterfeiting and piracy. They are properly the subject of a separate Practice Note produced specifically for that purposes, see Practice Note: Anti-counterfeiting in the UK.

Instead, it is assumed that the fact of the infringement and offence is

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