Intellectual property owners and lawful seizure of 'fake' property in the UK

tinkerbell28

earthstorm wrote: »

yes all about customer loyalty and that fact you will remain with them, rather than them just take the fake off you and send you on your way with a flea in your ear, which could see you go to one of their competitors

That was good of them, but you do know that just a rub with a cloth will clean a phone, you dont need to wash them as the components dont like water.

They felt sorry for him, he was in uniform, I think he played the blonde wife card :rotfl:

True that we do have 12 apple devices :eek:

bris

They don't have to give you it back, but if you insist then they should give you a receipt for it and pass it on to the trading standards or police who will destroy it for them.

They won't hand you it back no matter what you say, so although they can't retain it and smash it up in front of you they can retain it to be passed to the relevant authorities for disposal.

cardinalbiggles

bris wrote: »

They don't have to give you it back, but if you insist then they should give you a receipt for it and pass it on to the trading standards or police who will destroy it for them.

They won't hand you it back no matter what you say, so although they can't retain it and smash it up in front of you they can retain it to be passed to the relevant authorities for disposal.

Really? Because as far as I was aware its your property. The problem is with the person that sold it to you and that is all who trading standards would be interested in.

paddyrg

The IP owner could destroy the IP breach - if that was a logo for instance, perhaps they could cut a hole in the chest of your shirt and return the rest, or grind the face and bezel off of a watch ;-)

George_Michael

paddyrg wrote: »

The IP owner could destroy the IP breach

Only if they first obtain a court order giving them permission to do this.

No person has the legal right to seize or destroy the possessions of another person without a court order even if those goods are infringing the Trade mark act.
http://www.legislation.gov.uk/ukpga/1994/26/part/I/crossheading/infringement-proceedings
Sections 15 to 19 clearly state what is required before goods can be seized or destroyed

ILW

cardinalbiggles wrote: »

Really? Because as far as I was aware its your property. The problem is with the person that sold it to you and that is all who trading standards would be interested in.

It is illegal property. Similar to stolen property the "owner" has no right to keep it.

ThumbRemote

ILW wrote: »

It is illegal property. Similar to stolen property the "owner" has no right to keep it.

The keeper of stolen property never actually owns the item, because it remains the property of the original owner.

This is a different scenario. There is no law against possessing items that infringe intellectual property, only the manufacture or sale of them.

In fact the owner may have it quite legally, eg if it was purchased in Russia (which has far different laws on such matters) and brought to the UK by the owner.

dacouch

Hintza wrote: »

In the examples the OP has given though the "Rolex" has been sent for repair either to the manufacturer or an authorised repair outlet. You can hardly expect the manufacturer to send a fake back.

Sending a fake for repair is really dumb.

Surely a moody Rolex is called a Rolish

CKhalvashi

tinkerbell28 wrote: »

Apple confiscate fake items. We had a fake charger bought from a high street shop.

They confiscated it and replaced it....but that was only a charger I guess....

You haven't been to some countries I've visited in the last month then. There are even fake stores that look genuine, and the government doesn't seem to do anything about it :eek:

Back to the IP issue, our rights are held through a company in Luxemburg (as we deal largely with royalty income), and with physical media (which we no longer deal with), I know that we do have the right to destroy.

In the UK, I have no idea, as we were both dealing with items selling for around £8 (a lot less wholesale), and with regard to what we were actually doing, the known fakes were rare.

CK

earthstorm

George_Michael wrote: »

Only if they first obtain a court order giving them permission to do this.

No person has the legal right to seize or destroy the possessions of another person without a court order even if those goods are infringing the Trade mark act.
http://www.legislation.gov.uk/ukpga/1994/26/part/I/crossheading/infringement-proceedings
Sections 15 to 19 clearly state what is required before goods can be seized or destroyed

most large international retailers like Apple/Adidas etc. will have orders in place allowing them to seize goods know to be counterfeit. No good handing them to TS as TS cant do anything until they confirm they are counterfeit which they do by handing them to the intellectual property to confirm if they are genuine or counterfeit.
We sell a line of electronic items in out toy stores, we have a book of how to spot fakes and in this book is a copy of a document allowing us to seize the goods to pass onto TS for them to pass onto the intellectual property owner.