Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002
| Jurisdiction | UK Non-devolved |
| Citation | 2002 c. 25 |
| Year | 2002 |
(1) The Copyright, Designs and Patents Act 1988 (c. 48) (in this Act referred to as the “1988 Act”) is amended as follows.(2) In section 107(4) (b) (criminal liability for making or dealing with infringing articles, etc.) , for “two” substitute “ ten ” .(3) In section 198(5) (b) (criminal liability for making, dealing with or using illicit recordings) , for “two” substitute “ ten ” .for paragraph (a) substitute—“ ten ” .(5) This section does not have effect in relation to any offence committed before the commencement of this section.(1) The 1988 Act is amended as follows.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in subsection (5) , after “buildings,” insert “ fixed or ” .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .after “importing” insert “ , possessing, selling etc. ” ; andafter subsection (3) insert—After section 114 of the 1988 Act (order as to disposal of infringing copy or other article) insert— infringing copies of a copyright work, orarticles specifically designed or adapted for making copies of a particular copyright work,an offence under section 107(1) or (2) (criminal liability for making or dealing with infringing articles, etc.) ,an offence under the Trade Descriptions Act 1968 (c. 29) , oran offence involving dishonesty or deception.where proceedings have been brought in any court for a relevant offence relating to some or all of the infringing copies or articles, to that court, orwhere no application for the forfeiture of the infringing copies or articles has been made under paragraph (a) , by way of complaint to a magistrates’ court.On an application under this section, the court shall make an order for the forfeiture of any infringing copies or articles only if it is satisfied that a relevant offence has been committed in relation to the infringing copies or articles.A court may infer for the purposes of this section that such an offence has been committed in relation to any infringing copies or articles if it is satisfied that such an offence has been committed in relation to infringing copies or articles which are representative of the infringing copies or articles in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise) .in England and Wales, to the Crown Court, orin Northern Ireland, to the county court.An order under this section may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 (c. 43) or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26) ) (statement of case) ) .Subject to subsection (9) , where any infringing copies or articles are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.On making an order under this section the court may direct that the infringing copies or articles to which the order relates shall (instead of being destroyed) be forfeited to the owner of the copyright in question or dealt with in such other way as the court considers appropriate.infringing copies of a copyright work, orarticles specifically designed or adapted for making copies of a particular copyright work.on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 (c. 46) , orwhere a person is convicted of a relevant offence, in addition to any other penalty which the court may impose.On an application under subsection (2) (a) , the court shall make an order for the forfeiture of any infringing copies or articles only if it is satisfied that a relevant offence has been committed in relation to the infringing copies or articles.The court may infer for the purposes of this section that such an offence has been committed in relation to any infringing copies or articles if it is satisfied that such an offence has been committed in relation to infringing copies or articles which are representative of the infringing copies or articles in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise) .The procurator-fiscal making the application under subsection (2) (a) shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the infringing copies or articles to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the infringing copies or articles should not be forfeited.Service under subsection (5) shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary
- (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;
- “(3A) In executing a warrant issued under subsection (1) a constable may seize an article if he reasonably believes that it is evidence that any offence under section 198(1) has been or is about to be committed.
- “(1) Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing—
- (a) that an offence under section 297A(1) has been or is about to be committed in any premises, and
- (b) that evidence that such an offence has been or is about to be committed is in those premises, he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.
- “(1) In England and Wales or Northern Ireland where there have come into the possession of any person in connection with the investigation or prosecution of a relevant offence—
- (a) infringing copies of a copyright work, or
- (b) articles specifically designed or adapted for making copies of a particular copyright work, that person may apply under this section for an order for the forfeiture of the infringing copies or articles.
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