UK - Counterfeiting & Trademark Infringement Report, 2018

UK - Counterfeiting & Trademark Infringement Report, 2018

Report Description

The structure of the economy in UK is hugely based on innovation and its well-integrated global value chains. These innovations are very beneficial for the economy, but they also make it highly susceptible to the risk of trade in counterfeit goods. These challenges and risks affect the luxury brand owners in UK.

UK -Counterfeiting and Trademark Infringement Report, 2018 addresses the issue of counterfeiting in this fourth industrial revolution.  Business organizations spend a lot of money, time and resources on protecting their brand and trademarks. But even after all the measures, counterfeit market is booming like never before. The counterfeit sellers intentionally sell knock offs of branded goods with low quality and cheap price which directly affects the reputation of the brand owner. Along with that such illicit acts also have bad impact on the overall growth of the businesses.

Counterfeiting has amounted to great losses for the brand owners and specially the luxury brands. The reason for prevalence of counterfeiting is the advent of low cost technology. The illicit traders or counterfeiters now have easy access to inexpensive tools that allow them to easily replicate the original branded products trademarks including, logos, trade description and also create convincing looking packaging. The usage of internet has also made it easy for the counterfeiters to market to potential customers across the globe. Internet has also helped them to emblaze intellectual properties and forge link with other counterfeiters.

The report has mentioned and explained all the relevant laws that deals with trademark protection and infringement. It has mentioned the civil and criminal liabilities of the violators. Customs and border authorities also have various rights while dealing with counterfeit products. The collaboration of custom officers with brand owners can actually make it easy to spot the fake goods and restrict them from entering the UK markets. Compiling guidance as to how to distinguish a brand’s genuine goods from counterfeits is valuable to Customs and other enforcement agencies.

There are various recommendations that are there in the report which are very beneficial to the brand owners. The recommendations are a combination of legal, social, economical and technological aspects that are associated with counterfeiting and trademark infringement.  

The report is a holistic approach on the issues of counterfeiting and how these issues can be curbed by taking proper measures and collaborating with various stake holders in UK.

Losses incurred in 2017 due to Counterfeiting amounts to $1.2 Trillion

Table of

Contents

Table of Contents

  1. Executive Summary
  2. Scope and Approach
    1. Background – The Era of Flat world & Connected World
    2. Definitions & Terminologies
  3. United Kingdom Counterfeiting Perception Index
  4. The Market Size of Counterfeit Goods in United Kingdom
    1. By Value
    2. By Industry
  5. Sales Medium of Counterfeit Goods in United Kingdom
    1. Markets 
    2. Online Medium
      1. E-Commerce
      2. Social Media
  6. International Agreements on Intellectual Property Rights
    1. Trade Related Aspects of Intellectual Property Rights, (TRIPS)
    2. Anti-Counterfeiting Trade Agreement
    3. EU Directives and Regulations
      1. EU E-commerce Directive
      2. EU Customs Regulation
  7. Analysis - Secondary Liabilities
    1. Auction Sites
    2. Internet service providers
  8. Legal Analysis - United Kingdom
    1. Trade Marks Act, 1994
    2. Trade Descriptions Act 1968.
    3. Criminal Procedure (Scotland) Act, 1995
  9. Legal Framework
    1. Trademark Law, 1993
    2. Anti-unfair competition law, 1993
    3. Civil Code, 1986
    4. Criminal law, 1997
    5. Tort law, 2009
    6. Regulations of Customs Protection for Intellectual Property Rights and its Implementing Methods, 2003
  10. Issues Analysed
    1. Trademark Law
    2. Custom & Border measures
    3. Criminal Liabilities & Penalties
    4. Civil Enforcements
    5. Online Counterfeiting
    6. Anti-Counterfeiting
  11. Recommendations for Anti- Counterfeiting in United Kingdom

List of

Graphs

List of Graphs

  1. Economic Value of Losses Suffered due to Counterfeiting (USD Billion), 2001-2020
  2. Economic Value of Losses due to Counterfeiting in Selected Sectors (USD Billion), 2002-2020
  3. Shares of seizures by IP-infringing category (Percentage), 2017
  4. Number of Internet Users Globally (Millions), 2005-2017
  5. Growth in Estimated Value of Counterfeited Goods (Billion USD), 2008-2017
  6. Global Merchandise exports and Imports (USD Trillion), 1960-2017
  7. Value of Seized Goods by Reporting Economy (USD Million), 2017
  8. Average Percentage Share of global physical counterfeiting(Percentage), 2011-2017
  9. Total Annualized Outsourcing Contract Value and its Growth From (USD million), 2013-2017
  10. Share of Companies that Outsource by Sector(Percentage), 2017
  11. Distribution of the Countries as per Income Level (Percentage), 2017
  12. Share of endorsed celebrity follower’s in Countries as per the Region (Percentage), 2017
  13. Distribution of Targeted Audience by Income Level(Percentage), 2017
  14. Average Age of Luxury Brand User by Region (Year), 2017
  15. Average Age of Luxury Brand User by Income Group (Year), 2017
  16. Budget to reach potential customer of Luxury Brands on Social Media (per Day in USD), 2017
  17. Market Size of Global E-commerce Business(USD Billion), 2012-2017
  18. Most Frequent Brand Name Used in online Counterfeiting(Percentage), 2017
  19. Top five countries involved in online sales of counterfeit items (Percentage), 2017
  20. Share of Authenticated and Illicit Post on Social Media (Percentage), 2017
  21. Share in Mode of Communication on Social Media Counterfeiting (Percentage), 2017
  22. Distribution of Leading Uses of 3D Printing(Percentage), 2015- 2017
  23. Number of 3D Printer Shipment (Million), 2013-2017
  24. Route Map of Source and Destination of Counterfeit Clothes and Textile, 2017
  25. Route Map of Source and Destination of Counterfeit Footwear, 2017
  26. Route Map of Source and Destination of Counterfeit Cosmetics and Perfumes, 2017
  27. Route Map of Source and Destination of Counterfeit Leather Articles and Handbags, 2017
  28. Heat Map of Source, Destination and Transit points of trade in illicit goods, 2017
  29. IPR Detentions by Number of Cases and Articles in EU(Thousand), 2007-2017
  30. Number of Trademark Application and Registration in UK (Thousand), 2007-2017
  31. Blueprint of TAG Heuer Mikrograph Caliber 560, 2017
  32. Global Market Share of Logistic Services (Percentage), 2017
  33. Evolution of the global personal goods luxury( Billion Euro), 2012-2017
  34. Penetration of Countries in online luxury sales globally (Percentage), 2017

Countries Analysed

United Kingdom

A Complete Analysis of United Kingdom's Laws

Laws

Analysed

International, National and Regional Laws

International Agreement-

  1. Trade Related Aspects of Intellectual Property Rights, (TRIPS), 1995
  2. Anti-Counterfeiting Trade Agreement, 2012
  3. EU E-commerce Directive, 2000
  4. EU Customs Regulation, 2007

UK-

  1. Trade Marks Act, 1994
  2. Trade Descriptions Act 1968.
  3. Criminal Procedure (Scotland) Act, 1995
International, National and Regional Laws

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