Trading Standards Copyright Lawyer

If you are facing an investigation or legal action by Trading Standards regarding trade mark or copyright infringement, intellectual property (IP) rights or concerns about trade descriptions, it is important to seek legal advice at the earliest stage. Infringements of copyright law or another party's intellectual property rights can lead to significant penalties, but legal support can help you to mount a defence and avoid the most serious consequences.

JMW provides expert representation to businesses and individuals facing Trading Standards action regarding copyright and trade descriptions issues. Our Trading Standards team is greatly experienced in cases of this type and we have an excellent track record in helping to defend against wrong or unfair allegations of wrongdoing.

As well as a thorough understanding of intellectual property law and copyright infringement claims, our business crime team has a wealth of experience in liaising with Trading Standards and other regulatory authorities, and representing businesses in all such circumstances. Our team provides legal advice based on our experience with a range of IP issues, a thorough knowledge of the process a Trading Standards investigation follows and an investment in understanding your business objectives.

Speak to the team to find out more about how we can help to protect you and your business when facing a Trading Standards investigation into copyright and trade descriptions matters. Call JMW on 0345 872 6666 or complete our online enquiry form and a member of the team will call you back.

How JMW Can Help

The Trading Standards team at JMW is widely regarded as one of the best in the North West, and comprises skilled solicitors with significant expertise in the complex areas of copyright, intellectual property and trade description law. We understand that legal action of this type can be very damaging for a company, which is why we will work diligently to get the matter resolved as quickly and efficiently as possible.

From the initial stages of an investigation through to any court proceedings or sentencing hearings that arise, JMW can offer practical advice and legal representation to deliver the best outcome for you. We can prepare written statements on your behalf, attend meetings or interviews and negotiate with the regulator to give you the best chance of successfully defending against Trading Standards action.

Copyright protection and related rights can be complicated, but allegations of infringement can carry serious consequences. Because this is not always a straightforward issue, having the right team in your corner can make sure you are not unjustly punished. JMW delivers a range of services to defend you against allegations of copyright infringement and to make sure you are best prepared to deal with any action taken by Trading Standards officials.

Meet Our Copyright Solicitors

JMW's Trading Standards solicitors have a thorough understanding of intellectual property rights, fair dealing, and the powers through which regulators can investigate. We apply our expertise to help clients secure the outcome they deserve, and can provide the guidance you need to protect yourself and your business against potentially damaging copyright claims.

What Happens During a Trading Standards Investigation?

A Trading Standards investigation into trade descriptions or copyright issues follows a defined regulatory process. The aim is to assess compliance with consumer protection and intellectual property law, gather evidence and decide what regulatory or legal action is appropriate. This process is governed by strict rules and, while the process varies depending on the allegation, the scale of the activity and the potential harm to consumers or rights holders, the core stages are generally consistent. This is important, because any deviation or breach can open up potential defences for those accused or under investigation.

Complaints and referrals

An investigation usually starts after a complaint or referral. This may come from a consumer, a competitor, a trade body, a brand owner, or another enforcement authority. Trading Standards may also act proactively following routine inspections, intelligence sharing, market surveillance or after carrying out a test purchase operation.

For trade description issues, complaints often relate to misleading statements about goods or services, such as false claims about origin, quality, composition, performance or pricing. For copyright matters, investigations commonly involve allegations of selling counterfeit goods, unauthorised use of protected designs or distribution of copied materials.

Once Trading Standards considers there is a reasonable basis to look into the matter, officers will open an investigation.

Initial investigation

At an early stage, Trading Standards officers assess the nature of the alleged breach under the relevant legislation. Offences involving trade descriptions and copyright may be governed by the Consumer Protection from Unfair Trading Regulations 2008, the Trade Marks Act 1994 and the Copyright, Designs and Patents Act 1988.

Evidence gathering can involve Trading Standards investigators:

• Reviewing websites, listings, advertisements, packaging and promotional materials.
• Making test purchases, either openly or covertly.
• Inspecting premises such as shops, warehouses or offices.
• Taking photographs, copies of documents and samples of goods.
• Requesting information from third parties, including suppliers and distributors.

Officers have statutory powers to require information and to enter business premises, sometimes without notice, where legal thresholds are met. As such, it is vital to seek legal representation during this process. A solicitor can monitor the investigation to make sure that all evidence is collected legally, within the limits of the powers Trading Standards officers can use. Any concerns about the chain of evidence or illegal gathering mechanisms can lead to evidence being dismissed, which can serve as a defence if charges are brought.

Interviews

If Trading Standards believes an offence may have been committed, they may invite individuals to attend an interview, sometimes under caution. This is conducted under the Police and Criminal Evidence Act 1984.

An interview under caution means:

• The interviewee is informed of their legal rights.
• Anything said may be used as evidence.
• The interview is recorded.

It is not compulsory to attend an interview, whether a voluntary interview or an interview under caution. However, doing so may be an opportunity to mount your defence. Working with a solicitor is extremely important at this stage. The team at JMW can support you by preparing you for the questions you may be asked, advising you on complying with the investigation without incriminating yourself, and objecting to any irrelevant or unnecessary questions.

Possible outcomes of an investigation

If evidence suggests a trade descriptions or copyright infringement case may be opened, Trading Standards will consider whether the conduct was deliberate, reckless or the result of an error. Investigators will also assess who holds legal responsibility, which may include company directors, partners or sole traders.

In copyright cases, officers examine whether the business knew, or had reason to believe, that goods or materials were infringing. In trade description matters, they look at how claims were substantiated and whether consumers were likely to be misled.

After reviewing the evidence, Trading Standards decides how to proceed. Outcomes may include:

• No further action where there is insufficient evidence or no breach.
• Advice or guidance, which is often used for minor or first-time issues.
• Written warnings setting out concerns and expectations for future conduct to prevent further infringement.
• Undertakings, which are formal commitments to change practices.
• Civil enforcement such as enforcement notices or injunctions.
• Prosecution for more serious or repeated breaches, which may result in fines, confiscation of goods and costs orders. In the most severe cases, prosecution can lead to imprisonment or other consequences for individuals involved.

In copyright cases, infringing copies or goods may be seized and destroyed, and compensation claims may follow separately through civil proceedings. Even where formal action is not taken, Trading Standards often expects changes to business practices. Failure to address issues identified during an investigation can increase the likelihood of future enforcement.

Your solicitor can work with Trading Standards to minimise any penalties and prevent prosecutions from moving forward. At JMW, we provide advice and support at every stage to limit the impact of a Trading Standards investigation on your business and its reputation.

How Long Does an Intellectual Property Investigation Last?

There is no fixed timeframe for a Trading Standards investigation. Some matters conclude within weeks, while others can run for many months, particularly if they involve complex supply chains or large volumes of evidence.

During an investigation, businesses may face disruption, reputational issues and restrictions on trading. As such, your solicitor will aim to resolve matters as quickly as possible. Engagement with the investigation, accurate records and legal advice can influence how matters progress and how risks are managed. We will help you to prepare the evidence you need and build your defence from the outset to minimise the risk of the time frame being extended.

Can You Defend a Copyright Infringement Claim?

Copyright disputes involve the rights of copyright owners to prohibit or authorise use of creative or artistic works. Uses include copying, renting, publishing or issuing copies of protected works, which can include everything from literary and musical works to sound recordings, films and computer software. However, while the rules are strictly enforced, copyright law is particularly complicated and leaves scope for interpretation. A defence in Trading Standards cases often relies on this flexibility.

JMW has the knowledge and experience to help you build a robust defence and to assist if a copyright owner or their agent is pressuring you to pay any compensation that you are not required to pay. This can be complicated, and more so if copyright matters cross UK borders into other jurisdictions, but our experience can deliver the best possible outcome for you.

In some cases where you are accused of copyright infringement, you may be either wrongly or unfairly accused. Just because action is taken against you, this does not mean you are in the wrong and it is important you seek expert legal representation to best defend the interests of you and your business.

If you have been accused of misleading others on what they are spending their money on, we can help to defend against any allegations of breaching the Trades Descriptions Act. It is an offence to make false statements about the goods or services you sell, but accusations of this type can be wrong or unfair in many cases, and we can provide the expert guidance you need to demonstrate this.