24 October 2013Patents

Westminster Legal Policy Forum: police ask for help over design copying

A senior police officer in the City of London Police has told IP lawyers they need to help the authorities understand how best to tackle design infringement.

Anyone caught copying a registered UK design could be imprisoned for up to 10 years under the Intellectual Property Bill.

If the House of Commons approves the bill, its enforcement will be led by the City of London Police, Trading Standards and the Crown Prosecution Service (CPS).

Steve Head, national coordinator for economic crime at the City of London Police, told an industry conference that the “people in this room will equip the police with the necessary skills” to tackle criminals.

Head, who was speaking at the Westminster Policy Legal Forum in London on October 24, admitted to being “nervous about speaking about some of the details” of design law and said that “this is quite new for me”.

Urging for cooperation, he said: “We need to reach out to local police forces and the CPS – we need lawyers who are well-skilled.

“We and you need to change the way people think about criminality,” he added, noting that efforts to deter drink driving have proved effective.

While he noted lawyers are continuing to debate the meaning of copying under the bill, juries will be the ultimate arbiters.

“We will take all of our cases to jury.”

Some are concerned that design law might be too technical for juries to decide on, particularly worrying when prison sentences can be meted out as punishments.

But Head said: “We underestimate juries at our peril – if we give them sufficient narrative they will understand … I do have faith in juries.”

One attendee asked Head whether the police would prioritise tackling “traditional” IP criminals such as counterfeiters, who are often linked with organised crime, or people copying designs.

Head responded that while the police typically prioritise the most “harmful” crimes, “we are working to understand the harm to your industry”.

He cited figures, provided earlier in the day, which claimed the UK design industry loses around £770 million annually to design infringement.

Private prosecutions will also be available to handle cases of infringement.

The Westminster Legal Policy Forum was on October 24.

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24 October 2013   Government minister David Willetts is to lead the Intellectual Property Bill through the House of Commons, the UK’s IP minister has announced.