Hyperlawhypertext legal database Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 current to 2015-05-24

UKPGA-2002-25 Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 UK

Current to 2015-05-24

Contents
preamble

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Penalties for criminal offences
s. 1(1)

The Copyright, Designs and Patents Act 1988 (c. 48) (in this Act referred to as the “1988 Act”) is amended as follows.

s. 1(2)

In section 107(4)(b) (criminal liability for making or dealing with infringing articles, etc.), for “two” substitute “ ten ”.

s. 1(3)

In section 198(5)(b) (criminal liability for making, dealing with or using illicit recordings), for “two” substitute “ ten ”.

s. 1(4)

In section 297A(2) (criminal liability in relation to unauthorised decoders)—

s. 1(4)(a)

for paragraph (a) substitute—; and

s. 1(4)(b)

in paragraph (b), for “two” substitute “ ten ”.

s. 1(5)

This section does not have effect in relation to any offence committed before the commencement of this section.

s. 2 — Search warrants
s. 2(1)

The 1988 Act is amended as follows.

s. 2(2)

In section 109 (search warrants: infringing articles, etc.)—

s. 2(2)(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 2(2)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 2(2)(c)

in subsection (5), after “buildings,” insert “ fixed or ”.

s. 2(3)

In section 200 (search warrants: illicit recordings)—

s. 2(3)(a)

in subsection (1)(a)—

s. 2(3)(a)(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 2(3)(a)(ii)

after “importing” insert “ , possessing, selling etc. ”; and

s. 2(3)(b)

after subsection (3) insert—.

s. 2(4)

After section 297A insert—.

s. 3 — Forfeiture: infringing copies, etc.

After section 114 of the 1988 Act (order as to disposal of infringing copy or other article) insert—.

s. 4 — Forfeiture: illicit recordings

After section 204 of the 1988 Act (order as to disposal of illicit recording) insert—.

s. 5 — Forfeiture: unauthorised decoders

After section 297B of the 1988 Act (which is inserted by section 2 of this Act) insert—.

Amendment of the Trade Marks Act 1994

s. 6 — Search warrants

After section 92 of the Trade Marks Act 1994 (c. 26) insert—.

Miscellaneous

s. 7 — Short title, commencement and extent
s. 7(1)

This Act may be cited as the Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002.

s. 7(2)

This Act (apart from this section) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

s. 7(3)

An order under subsection (2) may contain transitional provisions and savings relating to the provisions being brought into force by the order.

s. 7(4)

This Act extends to Northern Ireland.

s. 7(5)

Section 6 and this section also extend to the Isle of Man.