COUNTERFEITING AND FORGERY A PRACTICAL GUIDE TO THE LAWPDF电子书下载

1 Nature and origin 1

Introduction 1

Origins of the law 4

The early statutes 5

Control of precious metals 6

The cornerstone of modern legislation 7

Early forgery defined as ‘counterfeit letters’ and ‘false tokens’ 8

Conviction of an early counterfeiter 8

Adaptation of the law to allow for advancement of science 9

The emergence of duty gathering as a source of counterfeiting 9

The influence of agrarian and industrial changes 10

Extension of counterfeiting and forgery into new areas 11

2 The criminal law relating to counterfeitingExplanation of problem areas and diversity of the subject 12

The Law Commission ‘Report on Forgery and Counterfeit Currency’ 14

Forgery examined and differentiated from counterfeiting 14

Counterfeiting examined 15

Part Ⅰ — Offences of a ‘direct’ nature 17

Gun Barrel Proof Act 1868 （as amended） 18

Weights and Measures Act 1963 22

European Communities Act 1972 23

Hallmarking Act 1973 24

Forgery and Counterfeiting Act 1981 27

Part Ⅱ — Offences of an ‘indirect’ nature 32

Chartered Associations （Protection of Names and Uniforms） Act 1926 32

Trade Marks Act 1938 34

Registered Designs Act 1949 35

Copyright Act 1956 （as amended） 36

Dramatic and Musical Performers Protection Act 1958 （as amended） 43

Trade Descriptions Act 1968 48

Theft Act 1968 54

Trade Descriptions Act 1972 58

European Communities Act 1972 60

Patents Act 1977 62

Weights and Measures Act 1979 63

Conspiracy 64

Criminal Attempt 67

3 The criminal law relating to forgery 69

Explanation and illustration of the offence of forgery 69

The need for an offence of forgery 70

The existing law of forgery 71

Meaning of ‘instrument’ 72

‘Instrument’ and new technology 73

Meaning of ‘false’ 74

Intent to prejudice through inducement 76

Powers of search and seizure 79

Forgery and civil liability 81

Liability of banks in respect of forged cheques 81

4 Outline of the civil law relating to counterfeiting 83

Evolution and terminology 83

Liability at common law 84

Passing off 85

Emerging tort of unfair competition 87

Injurious falsehood 88

Statutory protection 89

5 Procedural remedies in civil cases: Anton Piller Orders and Mareva Injunctions 98

The need for special remedies 98

Growth of specialist agencies and criticism of operation 98

Accountability in the operation of Anton Piller Orders 99

Rules of the Supreme Court, Order 29: Interlocutory injunctions, interim preservation of property, interim payments etc 100

The Anton Piller Order 101

Origin of the Order 101

Development of the Order 103

Grant on grounds of serious risk to public safety 104

Grant against a class of person 104

Limiting the application of the Order 104

Mareva Injunctions 111

Guidelines for application 112

6 Examples of counterfeiting and forgery 118

Introduction 118

Examples 118

Act: Gun Barrel Proof Act1868 Offence: ‘direct’ 119

Act: Weights and Measures Act1963Offence: ‘direct’ 120

Act: Hallmarking Act1973 Offence: ‘direct’ 120

Act: Forgery and Counterfeiting Act 1981 （counterfeiting activities） Offence: ‘direct’ 123

Act: Trade Descriptions Act1968 Offence: ‘indirect’ 124

Act: Forgery and Counterfeiting Act 1981 （forgery activities） Offence: ‘direct’ 134

7 Examination of the extent of commercial counterfeiting 138

‘Direct’ criminal offences 138

Examination of the work of the Trading Standards Service in detecting and prosecuting offences of a commercial counterfeiting nature: ‘indirect’ criminal offences 140

Countries where counterfeiting exists on an identifiable scale 150

Countries affected by counterfeiting 150

Products known to have been counterfeited on a wide scale and marketed within one or more of the countries 151

Damage caused by commercial counterfeiting 151

Deficiencies in the current law relating to commercial counterfeiting 153

Legislative remedies required in strengthening the law in respect of commercial counterfeits 156

8 Anti-counterfeiting measures 157

Prevention — no simple solution 157

Initial control by management 157

Self assurance — the first and basic need 158

Anti-counterfeiting agencies — public agencies 158

Private agencies 159

Self-protection — the need to ensure commercial survival 162

Appendix 168

Section A Specimen charges 168

Section B Specimen pleadings 187

Section C Practice note — Anton Piller Orders 194

Section D Application by a registered proprietor or user of a trade mark to the Commissioners of Customs and Excise 195

Section E Notice of intended proceedings to Office of Fair Trading 201

Directory of anti-counterfeiting organisations 204

Index 213