S&P Legal Enforcement Service

We can help you tackle enforcement of your IP rights throughout the world.  We have a network of investigators and enforcement agencies/officials that we work with on a day to day basis.  Our service has three main stages: Preparation, Investigation and Enforcement. We make it as easy as PIE.

1. Preparation
The first step is to find evidence of counterfeit goods and how the marks are being used. Then we prepare the case. That involves establishing all relevant legal rights that you hold, for example by assembling trade mark registration certificates and details of copyright ownership.

2. Investigation
Once the groundwork is complete, we secure physical evidence of the infringement and prepare essential case material. Evidence may include samples of the products, promotional literature, details of the location of the counterfeiting operation, its nature (whether importer or distributor or manufacturer) and its scale, as well as its production capability and the current stock levels. In certain cases, licence agreements should be examined to establish whether unlicensed ‘backdoor’ products are being sold, or whether licensed producers are making unlicensed products to order.

Any investigation costs will be fixed in advance and the IP rights holder will be informed of any cost before it is incurred.

3. Enforcement
Enforcement action involves various government agencies including Customs, the Administration for Industry and Commerce, Public Security Bureau and the Courts. Different authorities may be required, depending on the jurisdiction and nature of the case. We work with them to achieve your goal.

Other anti-counterfeiting services

Customs
Customs and Excise have powers to seize goods/products being imported into the UK which infringe the rights of intellectual property owners.

Notices filed at Customs must be in the prescribed form. The more detailed and accurate the information the more likely Customs will intercept – we have experience in intelligence-gathering of evidence and work closely with Customs which can assist a brand owner in getting the most from this source of help.

Working with Trading Standards
Trading Standards departments operate within each local authority in the UK and have powers to investigate, raid as well as prosecute those involved in counterfeiting activity. We regularly work with them to take action against those making, distributing or selling counterfeit goods in the UK.

We can help you to enlist their help to fight counterfeit activity, and work with them to ensure their actions are successful.

We can help you in countries such as China, Thailand and Indonesia where protection of Intellectual Property rights can be difficult and the right approach is critical. Most UK law firms lack specialised China IP protection expertise or charge fees beyond the means of many companies.  We are able to help you address your needs from the UK while having strong capabilities in place to then execute on-the-ground to ensure successful and affordable enforcement solutions.