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