§ Mr. Oakesasked the Secretary of State for Trade and Industry (1) if he intends to introduce legislation to make the forgery of commercial packaging or the possession of dies and similar equipment to manufacture counterfeit goods a criminal offence;
(2) if he will introduce legislation expressly to forbid counterfeiting and to make it a criminal offence;
(3) what progress he has made in his discussions with industry on reform of the law relating to counterfeiting;
(4) if he will make a statement on his proposals to deal with counterfeiting.
§ Mr. Geoffrey PattieThe Government are taking action at several levels to combat the threat which counterfeit goods pose to legitimate manufacturers in their domestic and foreign markets. It is the intention of the United Kingdom Presidency to help secure the adoption of the Community regulation on counterfeit goods at the Internal Market Council on 1 December 1986. The regulation would establish improved rules on a Community-wide basis for inhibiting the introduction of a counterfeit goods from non-Community countries into the Community market. The Government will also press for the adoption of a code on counterfeiting in the current GATT negotiations.
The newly-published Criminal Justice Bill contains important provisions which should extend the powers of the courts to order forfeiture of counterfeit goods and equipment used to manufacture them. The Government are also considering whether further changes in domestic law are desirable. Counterfeiting, in the sense of applying a false trade description to goods, and trading in such goods are already criminal offences under the Trade Descriptions Act 1968. However, I have had representations from industry that certain related activities, such as forging commercial packaging, should also be made criminal offences. The representations also point to alleged shortcomings in the enforcement of existing legislation. These representations are being carefully considered.
§ Mr. Oakesasked the Secretary of State for Trade and Industry how many cases have been brought under the Trade Descriptions Act 1968 against counterfeiters; and what was the average penalty imposed in each of the last five years.
§ Mr. Geoffrey PattieThe information requested is not readily available in the form requested and to produce it in that form would involved disproportionate cost.