Guide to offences

Trade Marks Act 1994

OffenceSectionSentenceIndictment
Unauthorised use of a trade mark926 months and or a GBP £5,000 fine10 years and or a fine

Copyright, Designs and Patent Act 1988

OffenceSectionSentenceIndictment
Making or dealing with infringing articles107(1)(a)6 months and or a GBP £5,000 fine10 years and or a fine
 107(1)(b)6 months and or a GBP £5,000 fine10 years and or a fine
 107(1)(c)6 months and or a GBP £5,000 fine 
 107(1)(d)(i)-(iii)6 months and or a GBP £5,000 fine 
 107(1)(d)(iv)6 months and or a GBP £5,000 fine10 years and or a fine
 107(1)(e)6 months and or a GBP £5,000 fine10 years and or a fine
Fraudulently receiving programmes297GBP £5,000 fine 
Unauthorised decoders297A6 months and or a GBP £5, 000 fine10 years and or a fine

Video Recordings Act 1984

OffenceSectionSentenceIndictment
Supplying video recording of unclassified work96 months and or a GBP £20,000 fine2 years and or a fine
Possession of video recording of unclassified work for purposes of supply106 months and or a GBP £20,000 fine2 years and or a fine
Supplying of video recording of classified work for purposes of supply116 months and or a GBP £5,000 fine 
Supply of video recording not complying with requirements as to labels13GBP £5,000 fine 
Supply of video recording containing false indication as to classification146 months and or a GBP £5, 000 fine 

Fraud Act 2006

OffenceSectionSentenceIndictment
Fraud by false representation2not exceeding 12 months* and or a GBP £5,000 fine10 years and or fine
Possession of any article(s) for use in the course of or in connection with any fraud6not exceeding 12 months* and or a GBP £5,000 fine5 years and or a fine
Making or supplying articles for use in fraud7not exceeding 12 months* and or a GBP £5,000 fine10 years and or a fine

*applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months

Consumer Protection from Unfair Trading Regulations Act 2008

These Regulations came into force on 26 May 2008.They implement the Unfair Commercial Practices Directive (UCPD) in the UK, and replace several pieces of consumer protection legislation that were in force prior to 26 May 2008, including the Trade Descriptions Act 1968. The Regulations introduce a general duty not to trade unfairly and seek to ensure that traders act honestly and fairly towards their customers. They apply primarily to business to consumer practices (but elements of business to business practices are also covered where they affect, or are likely to affect, consumers).

The application of these regulations in relation to Intellectual Property crime will have to be tested before the courts.

When deciding which offence(s) are appropriate the date of the offence will be an important factor, particularly if you are contemplating using these regulations or the Trade Descriptions Act 1968.

Trade Descriptions Act

S1 repealed by virtue of the Consumer Protection from Unfair Trading Regulations 2008, which came into force on 26 May 2008.   See note above re date of offences.

OffenceSectionSentenceIndictment
In the course of a trade or business applies a false trade description to any goods1(1)(a)6 months and or a GBP £5, 000 fine2 years and or a fine
In the course of a trade or business supplies or offers to supply any goods which a false trade description is applied1(1)(b)6 months and or a GBP £5, 000 fine2 years and or a fine