Intellectual property law is guarded by the following legislation:
- Copyright, Designs and Patents Act 1988
- Trade Marks Act 1994
- Registered Designs Act 1949
- Video Recordings Act 2010
- The Fraud Act 2006
The legislation, as a whole, protects companies who trade using certain trademarks, or design patterns that have protection from copyright. If any producer uses another companies trade marks or protected characters or design they could be prosecuted under one or more of the above legislation.
Counterfeit goods are the most common type of goods that fall foul of this legislation. Although counterfeit goods are believed to be a problem around the UK, Manchester has a particularly bad reputation for the sale of such goods.
If a person or company is prosecuted under this legislation, they could also fall foul of money laundering offences, if they are making money from illicit goods. If convicted they could face proceeds of crime ancillary proceedings leading to the Government potentially stripping them of assets and cash to the value of money they are deemed to have made in the operation. This could lead to cars, property and houses being taken.
It is especially important to have good legal advice from the onset of such proceedings as any admissions made in interview for the criminal proceedings can also have a major impact on the ancillary proceeds of crime proceedings.
Here at Olliers Solicitors we bring experience and understanding in giving advice on how best to handle being prosecuted under this legislation. We will be able to minimise the impact on yourself and your business in a cost effective way.
Need Help? Contact our Intellectual Property Lawyers (Manchester & London)