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Intellectual Property: Crime

Justice written question – answered on 18th June 2009.

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Photo of Dominic Grieve Dominic Grieve Shadow Attorney General, Shadow Secretary of State

To ask the Secretary of State for Justice how many (a) prosecutions and (b) convictions for intellectual property crime there were under the (a) Copyright Designs and Patents Act 1988 and (b) Trademarks Act 1994 in 2007.

Photo of Jack Straw Jack Straw The Lord Chancellor and Secretary of State for Justice

Information showing the number of defendants proceeded against at magistrates courts and found guilty at all court for offences under the 1988 Copyright, Designs and Patents Act and the 1994 Trademarks Act, in England and Wales in 2007 is shown in the following table.

Number of defendants proceeded against at magistrates courts and found guilty at all courts for offences under the 1988 Copyright, Designs and Patents Act( 1) and the 1994 Trademarks Act( 2) , England and Wales, 2007( 3,4)
Act Proceeded against Found guilty
Copyright, Designs and Patents Act 1988 514 365
Trademarks Act 1994 1,071 888
(1) Includes the following:

(a) Makes, imports or distributes illicit recordings. Makes for sale or hire, imports possesses or distributes articles which infringes copyright. (Copyright, Designs and Patents Act 1988, Sec. 198 1a, b, d.iii. & Sec. 107 1a, b, d.iv and E).

(b) Triable either way offences except sections included in (1)(a).

(c) Person infringes copyright in a work by communicating the work to the public. (Copyright, Designs and Patents Act 1988 S.107 2A and 4A as added by Copyright and Related Rights Regulations Reg 26 (1))

(d) Person who infringes a performer's making available right in the course of business/otherwise (Copyright, Designs and Patents Act 1988 S.198 2A and 5A as added by Copyright and Related Rights Regulations Reg 26 (3))

(e) Summary offences.

(2) Includes the following:

(a) Unauthorised use of Trade Mark etc in relations to goods. Falsification of register etc. (Trade Marks Act, 1994 Sec 92 & 94).

(b) Unauthorised use of royal arms etc. Unregistered persons describing themselves as registered Trade Mark Agents. Contravention of the rules prescribing the conditions for person entitled to be registered Trade Mark Agents. Falsely representing trade mark as registered. (Trade Marks Act, 1994, Sees 84, 85, 95).

(3) The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

(4) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

Source:

Evidence and analysis unit—Office for Criminal Justice Reform

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