Copyright criminal offences
Copyright criminal offences

The following IP practice note provides comprehensive and up to date legal information covering:

  • Copyright criminal offences
  • Offences under section 107
  • Making or dealing with infringing articles
  • Knowledge
  • Directors
  • E-Commerce Directive
  • Private prosecution
  • Technological measures and decoders
  • Circumventing technological measures
  • Fraudulent reception and decoders
  • More...

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?

For offences that have more of a public policy angle such as those involving counterfeit goods and piracy, it is possible to bring criminal as well as civil proceedings. The majority of infringements that are dealt with by criminal offences are those with commercial purposes. However, even then, copyright owners are usually more likely to choose to bring civil than criminal proceedings, not least because the standard of proof is more of a hurdle for the prosecution in criminal cases (but note that if a permitted act is relied on as a defence, the balance of probabilities burden prevails on the defendant). A copyright owner must also prove knowledge or reason to believe in criminal claims even for primary infringements. It is for the copyright owner to decide which proceedings to bring and the court cannot re-allocate the claim after

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