Changing the law to tackle counterfeiters
A number of methods have been used over the past four years to deal with the growing problem of counterfeit and smuggled vodka.
One of those has been through tackling the counterfeit black market, which is estimated to cost the taxpayer £8bn pounds a year, through legislation and increased operational activities.
In 2001 consumer minister Melanie Johnson made a pledge of no tolerance for sellers of counterfeit goods, including vodka.
Later that year Vince Cable, the man heralded as the Liberal Democrats economics expert, stood up in Parliament and introduced the Copyright and Trade Marks (Offences and Enforcement) Bill.
The bill was passed in July 2002 making it into an Act of Parliament. It is a broad piece of legislation meant to cover a number of issues including the use of brand names on counterfeit goods.
Before the introduction of the Act producers and manufacturers with intellectual property rights to trademarks, such as Glen’s vodka only could only pursue counterfeiters through the civil courts.
The effect of the Act was to make it a criminal offence to sell goods, packaging or labels bearing a trademark that had been applied without the consent of the trade mark owner.
It amended the s.92 of the Trademarks Act 1994 and is now used by trading standards officers when they bring a prosecution against retailers for selling counterfeit products.
Balihar Khalsa
