Copyright criminal offences

Published by a LexisNexis IP expert
Practice notes

Copyright criminal offences

Published by a LexisNexis IP expert

Practice notes
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For offences that have more of a public policy angle such as those involving counterfeit Goods and piracy, it is possible to bring criminal as well as civil proceedings. The majority of infringements that are dealt with by criminal offences are systematic and repeated, with the object of generating revenue through the infringing activity. There is also justification for criminalising these activities as those involved in them may use the proceeds to fund other, more serious organised crime. However, generally speaking, copyright owners are usually more likely to choose to bring civil than criminal proceedings, not least because the Standard of proof is more of a hurdle for the prosecution in criminal cases (but note that if a permitted act is relied on as a defence, the balance of probabilities burden prevails on the defendant). A copyright owner must also prove knowledge or reason to believe in criminal claims even for primary infringements. It is for the copyright owner to decide which proceedings to bring and the court cannot re-allocate the claim after proceedings have been issued. It is often quicker

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Jurisdiction(s):
United Kingdom
Key definition:
Goods definition
What does Goods mean?

Goods denote personal chattel and other property which may be detached from land.

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