What does Counterfeit mean? In legal practice, counterfeit describes an imitation product, document or currency made to pass as genuine, typically to deceive consumers, authorities or rightsholders and to secure an unlawful advantage. The term is used descriptively across criminal and civil contexts rather than having a single universal definition. For currency, specific statutory offences exist: in the UK, the Forgery and Counterfeiting Act 1981 criminalises making, possessing or passing counterfeit banknotes and “protected coins”; Ireland has equivalent offences under national legislation. In trade mark law, “counterfeit goods” commonly means goods bearing an identical or confusingly similar sign to a registered trade mark without consent,...
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This Practice Note outlines the principal routes for tackling the UK trade in Counterfeit Goods, weighing the benefits and drawbacks of each, and providing practical pointers for brand owners. It addresses action by the authorities—customs, Trading Standards (TS) and the police—as well as civil proceedings and private criminal prosecutions pursued by right holders. While some jurisdictions permit administrative action against infringers, that avenue is not considered here. The focus is counterfeiting (Trade mark-related offences), with brief reference to piracy (copyright-related offences) and offences concerning registered designs. Anti-counterfeiting measures are discussed across both online and offline channels. For broader guidance on online brand protection, see Practice Note: Brand protection online—strategy and Brand protection online—checklist. For tackling counterfeit goods at EU-level, see Practice Note: IP enforcement and the EU customs regime. Further reading is available from the UK Intellectual Property Office (IPO):
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...