Anti-counterfeiting & Piracy

Anti-counterfeiting & Piracy

The UK left the EU on 31 January 2020. A transition period, during which EU laws continue to apply in the UK, is due to end on 31 December 2020. The UK/EU Withdrawal Agreement sets out transitional arrangements and negotiations for the future UK/EU relationship are ongoing.

Intellectual property crime continues to present a fundamental threat to rights holders in many sectors. Alongside traditional hot spots for fakes, the challenge now resides in dealing with the rise in counterfeits and pirated content on rogue websites and sold via social media and online marketplaces.

Our intellectual property lawyers have vast experience in devising global anti-counterfeiting and piracy programmes, alongside international action against parallel imports and grey market goods, in a range of sectors including fashion and luxury goods, automotive, technology and media, pharmaceuticals and FMCG.

In particular, we have created a "pioneering anti-counterfeiting programme" (Financial Times), Mishcon Tulip ® (Turning Losses into Profits), the first ever product devised by a law firm to combat the multi-million dollar industry of international counterfeiting and other IP theft. We work closely alongside our colleagues in Fraud & Asset Recovery, and in White Collar Crime, to ensure that all potential tools are available to the brand owner.

 

  • Working closely with clients, investigators, UK Border Force, Trading Standards and Police Intellectual Property Crime Unit (PIPCU) to deal with counterfeit, pirated, parallel and grey goods
  • Implementing notification procedures with UK Border Force and Trading Standards
  • Search, seizure and destruction of counterfeit and pirated goods using customs procedures
  • Dealing with online counterfeits including managing notice and takedown procedures, advising on website blocking orders, domain name disputes and co-ordination with payment providers
  • Obtaining a range of civil remedies against counterfeiters including search and seizure, and freezing orders, alongside financial compensation and injunctions
  • Obtaining a range of criminal remedies through private prosecutions, including financial compensation
  • Enforcing IP rights against unlawful parallel imports and grey market goods
  • Acting for Nintendo in obtaining a novel website blocking order from the High Court in relation to websites selling products designed to circumvent Technical Protection measures in the Nintendo Switch console
  • Acting for Sky in private prosecution of individual selling devices allowing unlawful access to, and streaming of, Sky content
  • Advising United Phosphorus in a counterfeiting claim against a number of UK manufacturers and traders of pesticides – thought to be the first UK case in which a search and seizure order has been used against counterfeiters in the agrochemical sector
  • Acting for a number of leading motor car marques  on the enforcement of their IP rights, including in relation to alloy wheel designs and on general anti-counterfeiting matters
  • Representing an international pharmaceutical company  in a counterfeiting claim against a number of UK traders of counterfeits of its blockbuster drug, including the use of search and seizure orders
  • Acting for an international technology company  in relation to counterfeit licences and software
  • Acting for a number of luxury brand owners  on the enforcement of their IP rights including counterfeit shoes, bags, and other accessories, working with the UK Border Force and Trading Standards

Latest

How can we help you?

How can we help you?

Subscribe: I'd like to keep in touch

If your enquiry is urgent please call +44 20 3321 7000

Crisis Hotline

Emergency number:

COVID-19 Enquiry

Please enter your first name
Please enter your last name
Please enter your enquiry
Please select a contact method

I'm a client

Please enter your first name
Please enter your last name
Please enter your enquiry
Please enter a value

I'm looking for advice

Please enter your first name
Please enter your last name
Please enter your enquiry
Please select a department
Please select a contact method

Something else

Please enter your first name
Please enter your last name
Please enter your enquiry
Please select your contact method of choice