Trading Standards, the police and the MHRA
Responsibility for tackling IP crime lies with several public bodies including Trading Standards, the police and specialist agencies (such as the MHRA for healthcare products). Below we consider the powers these public bodies hold and how IP owners can work with them.
Trading Standards
What provisions do Trading Standards enforce?
Trading Standards are the designated enforcers of the criminal IP provisions (as set out in tab 3 of this guide), including in relation to counterfeit goods. In theory, these powers extend to tackling illegal parallel imports, but it is rare for Trading Standards to take action in relation to them.
Trading Standards also enforce other relevant provisions like the product safety rules and the consumer protection aspects of the Digital Markets, Competition and Consumers Act 2024 (see tab 9 for more information).
How do Trading Standards get involved?
Trading Standards may act on their own initiative or in response to complaints (including from rights holders). They will investigate IP crime in a variety of areas, usually with a particular focus on clothing, footwear, tobacco, vaping, electricals, cosmetics, perfume, jewellery, watches, toys, alcohol and goods where safety is paramount. They target IP offences in both the real and online worlds.
What powers do Trading Standards have?
Trading Standards have powers of entry, seizure, inspection and prosecution (if relevant conditions are met). Seizure can extend to items like business records, computers, mobile phones and products. Where other powers are needed – such as the power of arrest – they will involve the police.
What action will Trading Standards take?
Prosecutions tend to occur in cases of repeat or serious offences; in other cases, warnings may be given, alongside forfeiture of the offending goods. Trading Standards also work with financial investigators and the courts to trace and confiscate the proceeds of crime under the Proceeds of Crime Act 2002 (see tab 9 for more information).
Why should IP owners work with Trading Standards?
Some of the advantages include:
- It can be a cheap and effective way of removing goods from sale, as well as warning and penalising counterfeiters (who might switch to other products in response).
- Trading Standards tend to have good contacts with market operators, shopping centre owners and online platforms which they can use to ensure that traders selling infringing goods are prevented from trading.
- It is a good way of raising awareness of IP crime and its impact.
Developing good relationships with Trading Standards is key – to learn why, see our top tips below. For the likely costs of working with Trading Standards, see the costs and budgeting section in tab 10 of this guide.
The police and PIPCU
What powers do the police have?
The police have various powers to prevent and investigate crime. These powers – which include powers of entry, stop, search, inspection, seizure and arrest – can be deployed in respect of IP and related crime, just as with any other crime. The police will often support Trading Standards in their investigations.
What is PIPCU?
In 2013, a specialist police team dedicated to investigating, disrupting and preventing IP crime that causes serious harm to the UK economy and public was established – the Police IP Crime Unit (PIPCU). It is part of a wider team which leads national fraud investigations for the police.
PIPCU is tasked with investigating the criminal IP provisions (set out in tab 3 of this guide), as well as various offences under the Fraud Act 2006 and the Digital Markets, Competition and Consumers Act 2024. So far, PIPCU has investigated IP crime worth over GBP100 million and suspended more than 30,000 websites selling counterfeit goods.
How does PIPCU get involved?
PIPCU can investigate cases on its own initiative or in response to complaints. Holders of IP rights may submit cases to PIPCU to be considered for investigation but should first ensure that criminal activity within PIPCU's remit has occurred, that primary suspects have been identified and that the role of those suspects in the offences is known (with evidence in support).
What cases will PIPCU take on?
PIPCU will consider a variety of factors when determining whether or not to investigate a case referred to it, including the type of IP crime involved and:
- whether it is organised
- when it occurred
- the risk to public safety
- the potential financial and reputational impact on the rights holder
- the opportunity to recover assets (eg under the Proceeds of Crime Act 2002)
- the prospect of a successful prosecution.
What cases won't PIPCU take on?
PIPCU won’t accept any case which has already been investigated by another law enforcement or trading standards agency unless the case has been referred to it by that agency. It won’t investigate cases involving counterfeit foodstuffs, tobacco or medicines, all of which are handled by other enforcement agencies (see below for information on the MHRA's powers regarding medicines).
The Medicines and Healthcare products Regulatory Agency
The Medicines and Healthcare Products Regulatory Agency (MHRA) has the power to investigate and take enforcement action regarding counterfeit healthcare products (including counterfeit medicines, vaccines, medical devices, blood products and e-cigarettes) marketed in the UK. The Yellow Card scheme operated by the MHRA allows anyone to report concerns about particular healthcare products including that a product is fake. The MHRA has a range of powers in relation to fake healthcare products, including to:
- investigate
- obtain information
- remove products from sale
- apply for civil injunctions
- bring criminal prosecutions.
There are specific offences in relation to fake healthcare products which apply in addition to the general criminal IP offences.
Tips for working with Trading Standards and the police
Ensure relevant IP rights are in place: Make sure you have the right IP rights in place in the UK and can easily obtain copies of registration and renewal certificates.
Make sure you're on the Anti-Counterfeiting Group's list of IP owner contacts: Trading Standards (and other enforcement authorities) rely heavily on this list when it identifies suspect goods.
Build relationships with law enforcement agencies: Try to develop good working relationships with law enforcement agencies. Many Trading Standards officers will be open to receiving ongoing training or guides on how to spot counterfeit goods or to joint visits with rights holders to areas where counterfeit goods are commonly sold. Many also run events. Building these relationships can help keep your products top of mind with law enforcement agencies – and knowing who to call within a particular agency can be key when an issue arises (for more information on this, visit find your local Trading Standards office).
Be proactive: This means getting in touch with relevant law enforcement authorities when suspect goods are identified, preferably at as early a stage as possible.
Be prepared to provide assistance to law enforcement agencies, potentially at short notice: This could be relatively straightforward assistance (eg helping confirm that suspect goods are counterfeit or providing administrative support) or (for more complex cases involving prosecution) assistance in the form of witness statements and expert testimony.
Identify or train experts to identify counterfeit products: Identify and/or train individuals within your organisation who can provide expert opinion on whether a particular item is counterfeit or not and why. Different individuals may be needed for different product lines. Training individuals carefully is key since they will need to be able to justify why they are an expert in identifying counterfeit goods of the type in question. Individuals must have the time available to consider samples and (for those with more developed anti-counterfeiting strategies) to provide expert reports and attend court to give oral evidence, where necessary.
Prepare product guides to help others identify counterfeit goods: These can help staff members and law enforcement agencies to spot counterfeit goods. As experience with counterfeit goods increases, the product guides can be supplemented to illustrate key themes.
Prepare template witness statements and expert reports: For those with more established anti-counterfeiting strategies, having template witness statements and expert reports which meet the legal requirements in place can save considerable time, especially when they are needed at short notice.
Remember that law enforcement agencies have limited resources: They have many responsibilities and only limited budgets. Your matter may not be their number one priority. Focusing on key cases and providing support will help.