Intellectual Property: Counterfeiting - Government
Intellectual Property ("IP") crime (counterfeiting and piracy
as it is more widely known), has grown considerably over the past 10 years and
is reported to have serious economic effects both in the UK and globally.
Ineffective enforcement of intellectual property rights ("IPRs") is a
significant cost to industry in terms of damage to innovation and wealth
On 15 June 2005, the UK Patent Office launched a consultation on implementing
regulations that would make it simpler to enforce IPRs across the European
Community. Directive 2004/48/EC ("the Directive") is intended to harmonise best
practice (some derived from the UK) across the European Community rather than
leading to substantial changes in our IP enforcement procedures and practices.
The Directive is aimed at individuals and companies developing new technologies
and products to give them greater confidence that their inventions/innovations
will be protected. Most business sectors should benefit from this Directive as
many are vulnerable to the infringement of their IPRs.
A summary of the Directive's main provisions:-
Member States shall apply effective, dissuasive and proportionate remedies
and sanctions against those engaged in counterfeiting and piracy; Member States
are required to have similar measures and remedies in place to defend
right-holders' IP across the European Community; and The Directive protects both
'traditional' rights such as copyright, trade marks, patents and designs, but
also a number of other more specific rights such as geographical indications of
origin and plant varieties. The UK Patent Office is keen to receive responses
from anyone interested in the enforcement of IP rights in the United Kingdom -
but especially from those who expect to be users of the system. Responses must
be received by 7 October 2005. For more information please visit the UK Patent
Office's Consultation website.
The UK Patent Office continues to work with enforcement and industry partners
to fight such crime. The IP Crime Group has set out a four-point action plan
based on the first National IP Crime Strategy published last August namely:-
The setting up of an intelligence database to allow enforcement groups to
Training for trading standards officers to enable them to deal effectively
with IP crime;
Establishing a base line assessment of IP crime and publishing annual
enforcement reports to monitor success; and Greater collaboration between
national and international government agencies.
The European Commission has also suggested criminal sanctions to combat IPR
infringement. The European Council and Parliament are now taking the Commission
proposals forward for further discussion and development.
If you require further information contact us.
© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or
complete statement of the law relating to the issues discussed nor does it
constitute legal advice. It is intended only to highlight general issues.
Specialist legal advice should always be sought in relation to particular
Rosanna Cooper is a partner in RT Coopers Solicitors a full service law firm
in London. The firm specialises in patents, trade marks, copyright, designs,
technology transfer, biotechnology and pharmaceutical law. The firm has a
flexible approach to fees and provides the highest quality legal advice.
Contact us at
firstname.lastname@example.org. visit our website at
Article Source: http://EzineArticles.com/