The framework for taking action against counterfeit goods in the United Kingdom includes both national and EU provisions. In the United Kingdom, trademark offences are listed in Section 92 of the Trademarks Act 1994. The Trademarks Act is supported by other legislation, including the Fraud Act 2006 and the Proceeds of Crime Act 2002. The Fraud Act sets out the law on false representations, possession of articles for use in the course of fraud and the manufacture or supply of articles for use in fraud. The Proceeds of Crime Act 2002 sets out legislation for recovery of the proceeds of crime through the criminal courts, as well as civil recovery. In the European Union, trademark infringement is governed by EU Regulation 207/2009 and its subsequent amending regulation (2015/2424). EU Regulation 608/2013 concerns customs enforcement of IP rights and sets out procedural rules for customs authorities to enforce IP rights with regard to goods liable to customs supervision or customs control.
The 2015 amending regulation introduced provisions to prevent third parties from bringing into the European Union goods coming from third countries and bearing without authorisation a trademark which is identical to the trademark registered in respect of such goods or which cannot be distinguished in its essential aspects from that trademark when such goods are in transit and are not being released for free circulation. In this report, Finnegan attorney Clare A. Cornell discusses anti-counterfeiting in the United Kingdom.
