BUSINESS BRIEF: UNITED KINGDOM
“TIME LIMITS TO TAKE ACTION ARE SHORT SO BRAND OWNERS NEED INTERNAL PROCEDURES TO QUICKLY DETERMINE WHETHER DETAINED GOODS ARE COUNTERFEIT.”
Te value of the equivalent genuine goods is estimated by the commission to be more than €768 million ($834 million).
What industries are particularly at threat? Clothing, tobacco, alcohol, medicines, footwear, and DVDs.
What are the best strategies for dealing with the problem? Take robust action to maintain the prestige of a brand. File an application to protect the IP rights with customs. Te onus is on right owners to confirm that seized goods are counterfeit. Time limits to take action are short so brand owners need internal procedures to quickly determine whether detained goods are counterfeit.
Copyright What are the key challenges to copyright owners in your jurisdiction? Unauthorised use of content online. Illegal acquisition of content through websites offering direct downloading, file-sharing or streaming was estimated by the IP crime report: 2013 to 2014 to cost the music industry alone more than £7 billion globally.
How should people ensure they are protected against copyright infringement? Keep accurate, dated records of the development of work and assert copyright on it with the owner’s name and year of creation. Tere
www.worldipreview.com
Alison Simpson is a partner at Urquhart-Dykes & Lord. She can be contacted at:
aefs@udl.co.uk
Mark Green is a partner at Urquhart- Dykes & Lord. He can be contacted at:
mcg@udl.co.uk
World Intellectual Property Review Annual 2015 113
are many specialist organisations representing the rights of copyright owners who industry specific advice and assistance.
provide
What is the best way to deal with infringement? Actions for infringement are brought before the High Court or the IPEC. Deliberate infringement of copyright commercially can also be a criminal offence.
Have there been any changes to the copyright law(s) in the last 12 months? Regulation changes were passed in 2014:
• Consumers are now allowed to make personal copies of content they have bought strictly for their own private use.
• Limited use of copyright material is now allowed for the purpose of caricature, parody or pastiche without the permission of the copyright owner, but only to the extent that the use is fair and proportionate.
• The exception for ‘criticism or review’
has been extended to cover all types of fair quotation, as long as there remains sufficient acknowledgement of the quotation.
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