The increase in counterfeiting has staggering financial implications for businesses and is a problem that all companies with a brand to protect must be conscious of. With this in mind, the BGIA has secured the services of London Solicitors Edmonds Marshall McMahon (EMM) to act as a private Counterfeit Prosecutor for all its members FOC. The legal and investigative costs of counterfeit and fraud private prosecutions are recoverable from ‘central funds’, which is a Government pot to reimburse private prosecutors for the costs incurred in the proceedings.
The unauthorised use of a trade mark is a criminal offence in England & Wales under the Trade Marks Act 1994, section 92. A person guilty of an offence under this section is liable to a term of imprisonment not exceeding six months and/or a fine if they are tried in a Magistrates Court and a period of imprisonment not exceeding ten year and/or a fine if they are tried in a Crown Court.
BGIA Association Manager Ciara Morgan said, “Counterfeiting is a serious problem that requires effective enforcement. Traditional enforcement agencies have suffered overwhelming cuts in budgets and as a result do not have the time or resources to devote to investigating cases of counterfeiting. This means it is often left to the brand owner to enforce their rights, through our latest benefit though BGIA members are covered in this area.”
Companies taking decisive action against any infringement of their trademark will deter criminals and disrupt their organised criminal network. Pursuing private prosecutions requires not only time but intelligence from an investigator and expertise from a robust legal team. The combined service provided by EMM and TM EYE (a private criminal investigations specialist) ensure that businesses are able to protect their brand and profits without having to sacrifice their time and resources.
Tamlyn Edmonds, Edmonds Marshall McMahon said, “Companies taking decisive action against any infringement of their trademark will deter criminals. What’s more, our unique service means that if you know your products are being copied and sold, we will investigate (or work with your investigators), advise, prosecute and robustly enforce any subsequent compensation and/or confiscation order thereby ensuring compensation for your company.”
For more information visit www.bgia.org.uk