Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk IPR Enforcement in the UK Graham Mogg Head of Intelligence Hub

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Overview Scale and impact of IP crime UK legal and enforcement framework Role of Intellectual Property Office

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Counterfeiting and piracy is a huge problem OECD estimates that the global trade in counterfeit and pirated products seized across national borders is worth around US$200 billion – higher than the GDP of 150 countries. IP crime in the UK was estimated to be worth £1.3 billion in 2006 with £900 million flowing to organised crime (many feel the actual figure today is significantly higher). Customs officials in Europe seized 79 million counterfeit or pirated articles from across all sectors in Impact on public finance as well. In September 2009 HM Revenue and Customs carried out a raid on an illicit vodka plant. If it had been legitimate, the alcohol seized in that one case would have brought in over £1million in duty. Scale and cost of IP Crime

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Health and safety impact of counterfeits Not just a question of cost and economic impact: Electrical goods with untested or faulty circuits pose the risk of burns, fires and electrocution; Fake medicines may not contain the active ingredients needed for treatment, and sometimes contain harmful products; Fake toys are not tested to safety standards and have been found to have hazardous small parts and harmful contents such as paint containing lead; Counterfeit Automotive parts and accessories Counterfeit tobacco can contain ingredients such as sawdust, tobacco beetles and rat droppings. Government research found counterfeit tobacco products can contain up to 160% more tar, 80% more nicotine, 133% more carbon monoxide.

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Links to wider criminality Viewed by many as a low level ‘victimless’ crime, IP crime is highly attractive to organised crime gangs. A kilo of fake CDs reportedly fetches 50% more on EU markets than a kilo of cannabis leaf and carries a much lower risk. IP criminals dealing in counterfeit and pirated goods have often been shown to be involved in other serious crimes like narcotic and people trafficking, prostitution and loan sharking.

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk UK legal framework: criminal Criminal offences for trademarks and copyright infringements –Section 92, Trade Marks Act 1994 –Section 107, Copyright, Designs and Patents Act (CDPA) 1988 Focus on businesses/commercial scale activities Scope for seizure of assets of IP criminals –Proceeds of Crime Act 2002 Other relevant offences –Fraud Act –Conspiracy to defraud –Section 198, CDPA 1988

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk UK legal framework: civil IPR Infringements actionable in civil courts –Patents, copyright, trade marks and design laws UK has common law system (accusatorial) cost and time of litigation Interim measures/final remedies Mediation, arbitration etc

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Sectors / Agencies Creative Industries Clothing and Footwear Luxury Goods Tobacco Pharmaceuticals Automotive Industry Electrical Goods Toys Trading Standards Police HMR+C UK Border Agency MHRA SOCA SCDEA Europol Interpol

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk The role of the IPO? 2004 National IP Crime Strategy –Identified need for better co-ordination between enforcement/industry and govt IPO takes national lead. –Co-ordination, facilitation and awareness raising – within government and externally –IP Policy lead –NOT an enforcement authority but provides coordination and direction –Practical support through Intelligence Hub

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Key areas of focus Legal framework Intelligence-led enforcement –Partnership working –IPO Intelligence Hub IP Crime Group Awareness and training –Officials, Businesses and Consumers –Best practice tools and guides

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Legal framework We need the right laws to provide a strong legal framework. –Rules that are relevant and clear and tackle the problems caused by technological change P2P filesharing UK Copyright Strategy –Effective remedies to target those who commit IP crime, and to ensure they do not do so in future. Proceeds of Crime Act Sentencing guidelines

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk IPO Intelligence Hub Intelligence Hub – hosted and run by IPO –share intelligence on counterfeiting and piracy between public and private enforcement bodies –offer expert analysis skills to help join up investigation Work with National Intelligence Model (levels 1-3) Investigators in public and private enforcement bodies can submit intelligence reports to the hub. The hub then analyse this data to build cases for enforcement agencies and industry bodies to take forward. Enforcers can also submit requests to the hub to search their database for relevant information which might further a case they are already working on.

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Progress of the Intel Hub Memorandum of Understanding/Information Sharing Agreements with enforcement and industry Receive growing number intelligence reports and external enquiries per month Supported enforcement and industry in numerous investigations so far Hub is a competent authority under Europol Convention Hub is a relevant authority under POCA and can conduct financial investigations Provides monthly intelligence bulletins to enforcement agencies and quarterly reports to government

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Intel Hub: Results June 2009: Hub gathered evidence on an organised crime gang involved in music piracy (the DV8 case). Evidence was passed to enforcers which led to arrests being made and the investigations are ongoing. Summer 2009 : Hub helped the new UK Border Agency to identify importers of counterfeit footwear. This led to the seizure of goods worth around £1.5 million which had been destined for the UK market.

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk IP Crime Group Established by IPO in 2004 Wide membership: key government departments, enforcement and industry representative Work of the Group includes: –discussion of strategic issues in relation to IP crime –identifying strategic priorities for collaborative action –identifying and disseminating good practice –raising awareness of IP crime –Annual Report on IP Crime in UK, reporting on progress, scope and scale of IP crime and future trends –Co-ordinating activities – best use of resources

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Training and awareness Variety of initiatives (by government and/or industry) Officials: programmes aimed at enforcers, including training days and sessions, best practice manuals and summary guides to the relevant laws. Work with local government, judiciary and other officials to raise awareness of issues and tools to tackle IP crime Businesses: raising awareness of key issues with business, like toolkits advising how to keep their supply chain free of counterfeits and highlighting the problem of IP crime in the workplace Consumers: UK consumer awareness campaigns tend to focus on key areas. Government (health)/pharmaceutical industry campaign in 2009 on dangers of counterfeit medicines showed a man coughing up a dead rat after taking counterfeit pills he bought online.

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Conclusion - Key activities for IPO National IP Crime Strategy –Launched 2004 Intelligence Hub –Support for cases/wider intelligence picture IP Crime Group –Co-ordinated working –Best practice tools Annual IP Crime Report –2008/2009 Report Training and awareness activities –Information guides, toolkits (see )

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Graham Mogg Head of Intelligence Hub IP Enforcement Unit Intellectual Property Office +44 (0) (0)