《COUNTERFEITING AND FORGERY A PRACTICAL GUIDE TO THE LAW》

1 Nature and origin1

Introduction1

Origins of the law4

The early statutes5

Control of precious metals6

The cornerstone of modern legislation7

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

Conviction of an early counterfeiter8

Adaptation of the law to allow for advancement of science9

The emergence of duty gathering as a source of counterfeiting9

The influence of agrarian and industrial changes10

Extension of counterfeiting and forgery into new areas11

2 The criminal law relating to counterfeitingExplanation of problem areas and diversity of the subject12

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

Forgery examined and differentiated from counterfeiting14

Counterfeiting examined15

Part Ⅰ — Offences of a ‘direct’ nature17

Gun Barrel Proof Act 1868 （as amended）18

Weights and Measures Act 196322

European Communities Act 197223

Hallmarking Act 197324

Forgery and Counterfeiting Act 198127

Part Ⅱ — Offences of an ‘indirect’ nature32

Chartered Associations （Protection of Names and Uniforms） Act 192632

Trade Marks Act 193834

Registered Designs Act 194935

Copyright Act 1956 （as amended）36

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

Trade Descriptions Act 196848

Theft Act 196854

Trade Descriptions Act 197258

European Communities Act 197260

Patents Act 197762

Weights and Measures Act 197963

Conspiracy64

Criminal Attempt67

3 The criminal law relating to forgery69

Explanation and illustration of the offence of forgery69

The need for an offence of forgery70

The existing law of forgery71

Meaning of ‘instrument’72

‘Instrument’ and new technology73

Meaning of ‘false’74

Intent to prejudice through inducement76

Powers of search and seizure79

Forgery and civil liability81

Liability of banks in respect of forged cheques81

4 Outline of the civil law relating to counterfeiting83

Evolution and terminology83

Liability at common law84

Passing off85

Emerging tort of unfair competition87

Injurious falsehood88

Statutory protection89

5 Procedural remedies in civil cases: Anton Piller Orders and Mareva Injunctions98

The need for special remedies98

Growth of specialist agencies and criticism of operation98

Accountability in the operation of Anton Piller Orders99

Rules of the Supreme Court, Order 29: Interlocutory injunctions, interim preservation of property, interim payments etc100

The Anton Piller Order101

Origin of the Order101

Development of the Order103

Grant on grounds of serious risk to public safety104

Grant against a class of person104

Limiting the application of the Order104

Mareva Injunctions111

Guidelines for application112

6 Examples of counterfeiting and forgery118

Introduction118

Examples118

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 counterfeiting138

‘Direct’ criminal offences138

Examination of the work of the Trading Standards Service in detecting and prosecuting offences of a commercial counterfeiting nature: ‘indirect’ criminal offences140

Countries where counterfeiting exists on an identifiable scale150

Countries affected by counterfeiting150

Products known to have been counterfeited on a wide scale and marketed within one or more of the countries151

Damage caused by commercial counterfeiting151

Deficiencies in the current law relating to commercial counterfeiting153

Legislative remedies required in strengthening the law in respect of commercial counterfeits156

8 Anti-counterfeiting measures157

Prevention — no simple solution157

Initial control by management157

Self assurance — the first and basic need158

Anti-counterfeiting agencies — public agencies158

Private agencies159

Self-protection — the need to ensure commercial survival162

Appendix168

Section A Specimen charges168

Section B Specimen pleadings187

Section C Practice note — Anton Piller Orders194

Section D Application by a registered proprietor or user of a trade mark to the Commissioners of Customs and Excise195

Section E Notice of intended proceedings to Office of Fair Trading201

Directory of anti-counterfeiting organisations204

Index213