1. Trade mark act 1994

1.1 Unauthorised use of a trade mark

Offence Section Sentence Indictment
(1) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor -

(a) applies to goods of their packaging a sign identical to, or likely to be mistaken for, a registered trade mark, or

(b) sells or lets for hire, offers or exposes for sale or hire or distributed goods which bear, or the packaging of which bears, such a sign, or

(c) has in his possession, custody or control in the course of a business any such goods with a view to the doing of anything, by himself or another, which would be an offence under paragraph (b)
92(1) 6 months and/or a £5,000 fine. 10 years and/or a fine.
(2) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor -

(a) applies a sign identical to, or likely to be mistaken for, a registered a trade mark to material intended to be used -
(i) for labelling or packaging goods,
(ii) as a business paper in relation to goods, or
(iii) for advertising goods, or

(b) uses in the course of a business material bearing such a sign for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods, or

(c) has in his possession, custody or control in the course of a business any such material with a view to the doing of anything, by himself or another, which would be an offence under paragraph (b)
92(2) 6 months and/or a £5,000 fine. 10 years and/or a fine.
3) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor -

(a) makes an article specifically designed or adapted for making copies of a sign identical to, or likely to be mistaken for, a registered trade mark, or

(b) has such an article in his possession, custody or control in the course of a business,

Knowing or having reason to believe that is has been, or is to be, used to produce goods, or material for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods
92(3) 6 months and/or a £5,000 fine. 10 years and/or a fine.

2.1 Criminal liability for making or dealing with infringing articles etc.

Offence Section Sentence Indictment
(a) makes for sale or hire, or

(b) imports into the UK otherwise than for his private and domestic use.
107(1)(a)+(b) 6 months and/or a £50,000 fine. 10 years and/or a fine.
(c) possesses in the course of a business with a view to committing any act infringing the copyright. 107(1)(c) 3 months and/or a £5,000 fine. -
(d) in the course of a business -
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) exhibits in public.
107(1)(d)(i)-(iii) 3 months and/or a £5,000 fine. -
(d) in the course of a business -
(iv) distributes.
107(1)(d)(iv) 6 months and/or a £50,000 fine. 10 years and/or a fine.
(e) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright. 107(1)(e) 6 months and/or a £50,000 fine. 10 years and/or a fine.
(2) a person commits an offence who -

(a) makes an article specifically designed or adapted for making copies of a particular copyright work, or

(b) has such an article in his possession.
107(2) 3 months and/or a £5,000 fine. -
(2A) A person who infringes copyright in a work by communicating the work to the public -

(a) in the course of a business, or

(b) otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,

commits an offence if he knows or has reason to believe that, by doing so, he is infringing copyright in that work.
107(2A) 3 months and/or a £50,000 fine. 2 years and/or a fine.
(3) Where copyright is infringed (otherwise than by reception of communication to the public) -

(a) by the public performance of a literary, dramatic or musical work, or

(b) by the playing or showing in public of a sound recording or film,

any person who caused the work to be so performed, played or shown is guilty of an offence if he knew or had reason to believe that copyright would be infringed.
107 (3) 3 months and/or a £5,000 fine. -

2.2 Criminal liability for making, dealing with or using illicit recordings

Offence Section Sentence Indictment
(1) A person commits and offence who without sufficient consent -

(a) makes for sale or hire, or

(b) imports into the United Kingdom otherwise than for his private and domestic use.
198(1)(a)+(b) 6 months and/or a £50,000 fine. 10 years and/or a fine.
(1)(c) possesses in the course of a business with a view to committing any at infringing the rights conferred by this Chapter. 198(1)(c) 6 months and/or a £5,000 fine. -
(1)(d) in the course of a business -
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire.
198(1)(d)(i)+(ii) 6 months and/or a £5,000 fine. -
(1)(d) in the course of a business -
(iii) distributes, a recording which is, and which he knows or has reason to believe is, an illicit recording.
198(1)(d)(iii) 6 months and/or a £50,000 fine. 10 years and/or a fine.
(1A) A person who infringes a performer’s making available right -

(a) in the course of a business, or

(b) otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the making available right, commits an offence if he knows or has reason to believe that, by doing so, he is infringing the making available right in the recording.
198(1A) 6 months and/or a £50,000 fine. 2 years and/or a fine.
(2) a person commits an offence who causes a recording of a performance made without sufficient consent to be -

(a) shown or played in public, or

(b) communicated to the public, thereby infringing any of the rights conferred by this Chapter, if he knows or has reason to believe that those rights are thereby infringed.
198(2) 6 months and/or a £5,000 fine. -

2.3 Devices and services designed to circumvent technological measures

Offence Section Sentence Indictment
(1) A person commits an offence if he -

(a) manufactures for sale or hire, or

(b) imports otherwise than for his private and domestic use, or

(c) in the course of a business -
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) advertises for sale or hire, or
(iv) possesses, or
(v) distributes, or

(d) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner,any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures.

(2) A person commits an offence if he provides, promotes, advertises or markets -

(a) in the course of a business, or

(b) otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner,

a service the purpose of which is to enable or facilitate the circumvention of effective technological measures.

(3) Subsections (1) and (2) do not make unlawful anything done by, or on behalf of, law enforcement agencies or any of the intelligence services -

(a) in the interests of national security; or

(b) for the purpose of the prevention or detection of crime, the investigation of an offence, or the conduct of a prosecution,

and in this subsection “intelligence services” has the meaning given in section 81 of the Regulation of Investigatory Powers Act 2000.

(4) A person guilty of an offence under subsection (1) or (2) is liable -

(a) on summary conviction, to imprisonment for a term not exceeding three months, or to a fine not exceeding the statutory maximum, or both

(b) on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or both.

(5) It is a defence to any prosecution for an offence under this section for the defendant to prove that he did not know, and had no reasonable ground for believing, that -

(a) the device, product or component, or

(b) the service,enabled or facilitated the circumvention of effective technological measures.
296ZB 3 months and/or a £5,000 fine. 2 years and/or a fine.

2.4 Offence of fraudulently receiving programmes

Offence Section Sentence Indictment
(1) A person who dishonestly receives a programme included in a broadcasting service provided from a place in the United Kingdom with intent to avoid payment of any charge applicable to the reception of the programme commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.In relation to a body corporate whose affairs are managed by its members “director” means a member of the body corporate.
297 £5,000 fine. -

2.5 Unauthorised decoders

Offence Section Sentence Indictment
(1) A person commits an offence if he – Unauthorised decoders

(a) makes, imports, distributes, sells or lets for hire or offers or exposes for sale or hire any unauthorised decoder

(b) has in his possession for commercial purposes any unauthorised decoder

(c) instals, maintains or replaces for commercial purposes any unauthorised decoder, or

(d) advertises any unauthorised decoder for sale or hire or otherwise promotes any unauthorised decoder by means of commercial communications.

(2) A person guilty of an offence under subsection (1) is liable -

(a) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both

(b) on conviction on indictment, to imprisonment for a term not exceeding ten years, or to a fine, or to both.

(3) It is a defence to any prosecution for an offence under this section for the defendant to prove that he did not know, and had no reasonable ground for believing, that the decoder was an unauthorised decoder.

(4) In this section -
“apparatus” includes any device, component or electronic data (including software);
“conditional access technology” means any technical measure or arrangement whereby access to encrypted transmissions in an intelligible form is made conditional on prior individual authorisation;
“decoder” means any apparatus which is designed or adapted to enable (whether on its own or with any other apparatus) an encrypted transmission to be decoded;
“encrypted” includes subjected to scrambling or the operation of cryptographic envelopes, electronic locks, passwords or any other analogous application;
“transmission” means -
(a) any programme included in a broadcasting service which is provided from a place in the United Kingdom or any other member State; or
(b) an information society service (within the meaning of Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1998, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20th July 1998) which is provided from a place in the United Kingdom or any other member State;
and
“unauthorised”, in relation to a decoder, means that the decoder is designed or adapted to enable an encrypted transmission, or any service of which it forms part, to be accessed in an intelligible form without payment of the fee (however imposed) which the person making the transmission, or on whose behalf it is made, charges for accessing the transmission or service (whether by the circumvention of any conditional access technology related to the transmission or service or by any other means).
297A 6 months and/or a £5,000 fine. 10 years and/or a fine.

The Act may stipulate Level 5 fines on the standard scale or a Statutory Maximum fine in relation to summary conviction. These fines are currently at the same level, i.e. £5,000.

3. Registered Designs Act 1949

3.1 Offence of unauthorised copying etc. of design in course of business

Offence Section Sentence Indictment
A person commits an offence if -

(a) in the course of a business, the person intentionally copies a registered design so as to make a product -
(i) exactly to that design, or
(ii) with features that differ only in immaterial details from that design, and

(b) the person does so -
(i)knowing, or having reason to believe, that the design is a registered design, and
(ii) without the consent of the registered proprietor of the design.
35ZA (1) England and Wales or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both.
To imprisonment for a term not exceeding ten years or to a fine or to both
A person commits an offence if -

(a) in the course of a business, the person offers, puts on the market, imports, exports or uses the product, or stocks it for one or more of those purposes,

(b) the person does so without the consent of the registered proprietor of the design, and

(c) the person does so knowing, or having reason to believe, that -
(i) a design has been intentionally copied without the consent of the registered proprietor so as to make the product exactly to the design or with features that differ only in immaterial details from the design, and
(ii) the design is a registered design.
35ZA(3) England and Wales or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both.
To imprisonment for a term not exceeding ten years or to a fine or to both

4. Video Recordings Act 2010

The 2010 act repealed and revived provision of the 1984 Act.

4.1 Supplying video recording of unclassified work

Offence Section Sentence Indictment
(1) A person who supplies or offers to supply a video recording containing a video work in respect of which no classification certificate has been issued is guilty of an offence unless-

(a) the supply is, or would if it took place be, an exempted supply, or

(b) the video work is an exempted work.

(2) It is a defence to a charge of committing an offence under this section to prove that the accused believed on reasonable grounds-

(a) that the video work concerned or, if the video recording contained more than one work to which the charge relates, each of those works was either an exempted work or a work in respect of which a classification certificate had been issued, or

(b) that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act.

(3) A person guilty of an offence under this section shall be liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both,

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both.
9 6 months and/or a £20,000 fine. 2 years and/or a fine.

4.2 Possession of video recording of unclassified work for purposes of supply

Offence Section Sentence Indictment
(1) Where a video recording contains a video work in respect of which no classification certificate has been issued, a person who has the recording in his possession for the purpose of supplying it is guilty of an offence unless-

(a) he has it in his possession for the purpose only of a supply which, if it took place, would be an exempted supply, or

(b) the video work is an exempted work

(2) It is a defence to a charge of committing an offence under this section to prove-

(a) that the accused believed on reasonable grounds that the video work concerned or, if the video recording contained more than one work to which the charge relates, each of those works was either an exempted work or a work in respect of which a classification certificate had been issued

(b) that the accused had the video recording in his possession for the purpose only of a supply which he believed on reasonable grounds would, if it took place, be an exempted supply by virtue of section 3(4) or (5) of this Act, or

(c) that the accused did not intend to supply the video recording until a classification certificate had been issued in respect of the video work concerned

(3) A person guilty of an offence under this section shall be liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both.
10 6 months and/or a £20,000 fine. 2 years and/or a fine.

4.3 Supplying of video recording of classified work for purposes of supply

Offence Section Sentence Indictment
(1) Where a classification certificate issued in respect of a video work states that no video recording containing that work is to be supplied to any person who has not attained the age specified in the certificate, a person who supplies or offers to supply a video recording containing that work to a person who has not attained the age so specified is guilty of an offence unless the supply is, or would if it took place be, an exempted supply

(2) It is a defence to a charge of committing an offence under this section to prove-

(a) that the accused neither knew nor had reasonable grounds to believe that the classification certificate contained the statement concerned,

(b) that the accused neither knew nor had reasonable grounds to believe that the person concerned had not attained that age, or

(c) that the accused believed on reasonable grounds that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
11 6 months and/or a £5,000 fine. -

4.4 Supply of video recording not complying with requirements as to labels

Offence Section Sentence Indictment
(1) A person who supplies or offers to supply a video recording or any spool, case or other thing on or in which the recording is kept which does not satisfy any requirement imposed by regulations under section 8 of this Act is guilty of an offence unless the supply is, or would if it took place be, an exempted supply

(2) It is a defence to a charge of committing an offence under this section to prove that the accused-

(a) believed on reasonable grounds that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act, or

(b) neither knew nor had reasonable grounds to believe that the recording, spool, case or other thing (as the case may be) did not satisfy the requirement concerned.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
13 £5,000 fine. -

4.5 Supply of video recording containing false indication as to classification

Offence Section Sentence Indictment
(1) A person who supplies or offers to supply a video recording containing a video work in respect of which no classification certificate has been issued is guilty of an offence if the video recording or any spool, case or other thing on or in which the recording is kept contains any indication that a classification certificate has been issued in respect of that work unless the supply is, or would if it took place be, an exempted supply

(2) It is a defence to a charge of committing an offence under subsection (1) above to prove-

(a) that the accused believed on reasonable grounds-
(i) that a classification certificate had been issued in respect of the video work concerned, or
(ii) that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act, or

(b) that the accused neither knew nor had reasonable grounds to believe that the recording, spool, case or other thing (as the case may be) contained the indication concerned.

(3) A person who supplies or offers to supply a video recording containing a video work in respect of which a classification certificate has been issued is guilty of an offence if the video recording or any spool, case or other thing on or in which the recording is kept contains any indication that is false in a material particular of any statement falling within section 7(2) of this Act (including any advice falling within paragraph (a) of that subsection) contained in the certificate, unless the supply is, or would if it took place be, an exempted supply.

(4) It is a defence to a charge of committing an offence under subsection (3) above to prove-

(a) that the accused believed on reasonable grounds-
(i) that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) or (5) of this Act, or
(ii) that the certificate concerned contained the statement indicated, or

(b) that the accused neither knew nor had reasonable grounds to believe that the recording, spool, case or other thing (as the case may be) contained the indication concerned.

F29(5)A person guilty of an offence under subsection (1) or (3) above shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
14 6 months and/or a £5,000 fine. -

5. Fraud Act 2006

5.1 Fraud by false representation

(1) A person is in breach of this section if he-

(a) dishonestly makes a false representation, and

(b) intends, by making the representation
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of-

(a) the person making the representation, or

(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it(or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).
2 not exceeding 12 months* and/or a £5,000 fine. 10 years and/or a fine.

5.2 Possession of any article(s) for use in the course of or in connection with any fraud

Offence Section Sentence Indictment
(1) A person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud.

(2) A person guilty of an offence under this section is liable

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both)

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or to both).

(3) Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.
6 not exceeding 12 months* and/or a £5,000 fine. 5 years and/or a fine.

5.3 Making or supplying articles for use in fraud

Offence Section Sentence Indictment
(1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article-

(a) knowing that it is designed or adapted for use in the course of or in connection with fraud, or

(b) intending it to be used to commit, or assist in the commission of, fraud.

(2) A person guilty of an offence under this section is liable

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both)

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(3) Subsection (2)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.
7 not exceeding 12 months* and/or a £5,000 fine. 10 years and/or a fine.

*applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months

5.4 Consumer Protection from Unfair Trading Regulations Act 2008

These Regulations came into force on 26 May 2008. They implement the Unfair Commercial Practices Directive (UCPD) in the UK, and replace several pieces of consumer protection legislation that were in force prior to 26 May 2008, including the Trade Descriptions Act 1968. The Regulations introduce a general duty not to trade unfairly and seek to ensure that traders act honestly and fairly towards their customers. They apply primarily to business to consumer practices (but elements of business to business practices are also covered where they affect, or are likely to affect, consumers).

The application of these regulations in relation to intellectual property crime will have to be tested before the courts.

When deciding which offence(s) are appropriate the date of the offence will be an important factor, particularly if you are contemplating using these regulations.