§ Mr. Iain Millsasked the Lord Privy Seal if he will consider using the trade and commercial representatives in overseas embassies and consulates in order to identify, investigate and take action where foreign firms are producing goods or services that are using existing United Kingdom designs covered by United Kingdom patents, United Kingdom product packaging or United Kingdom trade marks.
§ Mr. ParkinsonI have been asked to reply.
The protection afforded to British designs by United Kingdom patents and trade marks does not extend abroad. United Kingdom companies must obtain such protection 326W in overseas countries and will then be able to take action to protect their rights. The counterfeiting of product packaging, which is not registrable as a trade mark, may be actionable under laws on passing off or unfair competition. Our commercial representatives at overseas posts already help United Kingdom companies on the preservation of their rights in countries where counterfeit products have been found. There has, however, to be a limit on the extent to which they could become involved in legal processes. They would alert my Department if they came across products or practices that threatened the rights of United Kingdom companies. The amount of work of this sort that they can do must of course be determined in the light of the many other demands imposed by their commercial responsibilities.