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Wednesday, December 12, 2007

UK-IPO Has Published 2007 Annual IP Crime Report.

The

UK Intellectual Property Office (UK-IPO) has published the

2007 Annual IP Crime Report. The document sets out the range of activities undertaken by police, trading standards, other government agencies and industry to tackle the threat posed by IP Crime. The report aims to identify specific areas of threat and specific harm, and set out plans for future work to ensure that IP Crime is not seen as a soft-crime and that effective action is taken against the organised criminals who operate in this field.

"[...] Whilst a wide range of enforcement agencies, IP rights holders and industry have been invited to contribute, in some sectors the returns were low, and in some cases there was a nil response. This is disappointing. Although there has been an improvement in the level of sharing of intelligence between enforcement agencies, IP rights holders and Government departments there are still significant gaps.

There is however strong evidence to show that there is significant improvement in awareness raising, training and collaboration between industry and enforcers. Scottish trading standards service and police have, for example, had some major success in joint enforcement operations. The South Wales Police Regional Intelligence Unit and the British Phonographic Industry are also enjoying a fruitful partnership. [...]"

The report does not appear to be much explicit on the question on patent infringements in their relation to criminal law.

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Patent infringement (unlike copyright piracy or trademark counterfeiting) is not part of the criminal law in the UK.

In the UK it is a civil issue, not a criminal offence.

# posted by Anonymous : 12 December, 2007 20:34

It has long been a criminal offence in Germany but can Axel Horns perhaps tell us when a criminal prosecution was last brought in Germany, for the criminal offence of falling inside the scope of protection of a patent claim.

# posted by Anonymous : 13 December, 2007 08:15

In Germany it is indeed a very very rare case that patent infringement leads to criminal sanctions. I don't know of any particular conviction. And, criminal law doesn't go very well with patent law, IMHO.

# posted by Axel H Horns : 13 December, 2007 21:24