The Copyright, Etc. and Trade Marks (Offences and Enforcement)
Act was due to receive Royal Assent yesterday. The new law amends
the criminal provisions in UK intellectual property law,
increasing, among other matters, the penalties for software
piracy.
The Act amends provisions in the Copyright, Designs and Patents
Act of 1988 and the Trade Marks Act of 1994. It aims to update and
rationalise these laws and to “reflect the seriousness” of the
crimes they cover.
The new Act raises the maximum penalty for the offences of sale
or hire or dealing in material infringing copyright, illicit
recordings infringing performers’ rights and unauthorised decoders
for conditional access services to 10 years in prison and an
unlimited fine. Previously, the maximum penalty was 2 years in
prison. This change brings the maximum penalty into line with that
for similar trade mark offences.
The Act also amends the provisions regarding police search and
seizure powers, allowing police to obtain warrants for all the
above offences.
Finally, it applies to the copyright, designs and patents law
the forfeiture provisions of the Trade Marks Act.
The new law will not make any changes to the scope of the
offences, so that the type of behaviour that gives rise to an
offence remains the same. The Act will come into force by order of
the Secretary of State.
The new Act has still to be published, but the
Copyright, Etc. and Trade Marks (Offences and Enforcement) Bill can
be downloaded
