CHRISTMAS OFFER Subscribe to Cotswold Life today CLICK HERE

Legal point of view (September 2014)

PUBLISHED: 16:27 04 September 2014

Riyaz Jariwalla

Riyaz Jariwalla


Counterfeit is on the rise, are you prepared? Infringement of intellectual property cases are at a high, says Riyaz Jariwalla of BPE Solicitors

With the advancements of technology, including the speed at which sophisticated scanners and 3D printers are now able to reproduce or imitate an original product, infringers are finding new ways to copy, imitate and ride the coat tails of successful brand owners and their products. As a result, cases of infringement of intellectual property rights through counterfeit goods are at a high.

Only in rare circumstances should litigation be the first line of attack when dealing with counterfeit goods. However, when ‘jaw jaw’ (in the words of Winston Churchill) gets you nowhere, litigation has the potential to seriously disrupt the counterfeiter’s activities, bring an entire operation to a standstill and prohibit the counterfeit goods from spreading further into the marketplace.

The courts have wide ranging powers in the fight against counterfeit goods, including injunctions, freezing orders and search orders. They can also order the infringing party to deliver up all the infringing products at their cost; seek disclosure of customer or supplier’s information; pay damages or a proportion of unlawful profits made by the counterfeiters; and pay legal costs.

The Judiciary has recognised that intellectual property infringement claims are not straight-forward and can often be complex and high in value. The Patents Court is a specialist intellectual property court within the High Court in London and is a perfect venue for complex or high-value cases as there are no caps on final awards for damages or costs. The Intellectual Property Enterprise Court (“IPEC”), also in London, is a more cost-effective venue with a full time specialist IP judge but it does impose a cap on costs recovery (£50,000) and damages (£500,000). The IPEC also has a specialist small claims track to deal with claims that are £10,000 or less in value. Both courts are well suited to tackling urgent matters.

How to fight counterfeiting

Being prepared and responding rapidly

to any incident of infringement of your

rights is the most effective

anti-counterfeiting measure available to



Preparation is key - ensure that you have the appropriate protection.

Apply to register (1) all trade names, brands, logos as trade marks; (2) all unique and novel shapes and designs as registered designs; and (3) any inventions as patents. Once secured, ensure that all certificates of ownership and details of the protection are located centrally and accessible.


Seek professional advice regarding obtaining legal expenses insurance, which can provide you with a war chest for policing and protecting your intellectual property rights.


Record all relevant trade mark, patent and design registrations with UK Customs officials who can stop, search, monitor and examine consignments for goods arriving into the UK which may be counterfeit.


Consider broadening protection in countries well known for manufacturing counterfeit goods (such as the Far East). These are often called ‘choke points’ and if you are able to mirror your IP rights in such countries, you will have more options for border protection to prevent goods leaving those countries destined for the UK or EU.


Implement product ID such as holograms, markings, tracers and microchips to help you, border control and your customers identify counterfeits. Sending a cease and desist letter can be a relatively cheap way of stopping the infringing acts. However should this fail, consider contacting administrative authorities (such as HMRC and Trading Standards) to detain or seize the infringing goods. If this is not successful, litigation is your next option. Do not forget that an infringer can also be found guilty of a criminal act under various legislations, so it is worth waving these laws under the nose of the infringer before resorting to civil litigation.

For more information visit


Welcome , please leave your message below.

Optional - JPG files only
Optional - MP3 files only
Optional - 3GP, AVI, MOV, MPG or WMV files

Please log in to leave a comment and share your views with other Cotswold Life visitors.

We enable people to post comments with the aim of encouraging open debate.

Only people who register and sign up to our terms and conditions can post comments. These terms and conditions explain our house rules and legal guidelines.

Comments are not edited by Cotswold Life staff prior to publication but may be automatically filtered.

If you have a complaint about a comment please contact us by clicking on the Report This Comment button next to the comment.

Not a member yet?

Register to create your own unique Cotswold Life account for free.

Signing up is free, quick and easy and offers you the chance to add comments, personalise the site with local information picked just for you, and more.

Sign up now

More from Out & about

I send this postcard from Cirencester, complete with the discoveries and viewpoints from four members of my family – both the young and not so young

Read more
Tue, 11:05

Of all the castles in the region, none have seen as much war, romance and royalty as Sudeley over its dramatic 1,000-year history. And with such a colourful and eventful past, it is easy to see why some people believe there could be spirits from bygone eras which still wander the halls and corridors to this day

Read more

What started as a business ploy by one Cotswold firm has developed into an inspirational garden

Read more
Thursday, October 11, 2018

It’s that wonderful time of year again when we warm ourselves by roaring bonfires and enjoy dazzling firework displays that light up the skies. Gather your loved ones, wrap up warm and enjoy an evening of Guy Fawkes celebrations in the Cotswolds

Read more
Monday, October 8, 2018

If a bit of English eccentricity is your thing, spend an enjoyable afternoon exploring the delightful follies of Faringdon

Read more
Monday, October 8, 2018

From an all-boy, all boarding prep school for just 30 pupils, to the quietly trailblazing yet still traditional school it is today – here is a snapshot of Beaudesert over its 110-year history

Read more
Wednesday, October 3, 2018

After something to entertain the kids during half-term? Or are you counting down the days to enjoy the thrills and spills of Halloween? Here are 20 ways to celebrate the spookiest time of year in the Cotswolds

Read more
Monday, October 1, 2018

Visitors to the village of Bourton-on-the-Water can now escape the well-trodden tourist trail at Gloucestershire Wildlife Trust’s beautiful Greystones nature reserve and its newly opened visitor centre

Read more
Thursday, September 27, 2018

Stephen Roberts walks in the footsteps of the Oxford scholar who enjoyed attending parties dressed as a polar bear, and once chased a neighbour while dressed as an axe-wielding Anglo-Saxon

Read more
Thursday, September 27, 2018

If you’re looking for things to do in the Cotswolds this month, we have gathered plenty of events for you to pop in your diary

Read more
Tuesday, September 25, 2018

No pain, no gain? Walking, cycling and horse riding make getting fit a lot more enjoyable than that

Read more
Tuesday, September 25, 2018

On a crisp, autumnal day, there is nothing better than gathering the family for a stroll amongst some of the most colourful woodland and countryside the Cotswolds has to offer. We’ve accumulated a list of our favourite places to catch the majority of this season’s golden hues

Read more
Tuesday, September 25, 2018

‘For me, Wick Court is a special place because it marks the beginning of the Henson family journey in rare breeds conservation’

Read more
Wednesday, September 19, 2018

Tracy Spiers takes Emily, daughter number two, who shares her love for anything historical, to this vibrant place and get lost in a heady mix of wild bears, Middle Age punishing devices, timber-framed buildings and live bees

Read more

Newsletter Sign Up

Sign up to the following newsletters:

Sign up to receive our regular email newsletter

Our Privacy Policy

Latest Competitions & Offers

Topics of Interest

Food and Drink Directory A+ Education

Subscribe or buy a mag today

subscription ad

Local Business Directory

Property Search