Out-Law News 1 min. read

Increased penalty for software piracy approved by Commons


A new UK law to increase the penalties for those who sell or deal in pirated software, films and music last week cleared its third reading in the House of Commons. The Copyright, etc. and Trade Marks (Offences and Enforcement) Bill will now go to the House of Lords.

The Bill, if passed in its present form, will not introduce any new offences. Instead, it amends the consequences of committing the existing offences. It will raise the maximum penalty for wilful making for sale or dealing in infringing copies of copyright material like software, films and music to up to 10 years in prison (from a current maximum of two years) and/or an unlimited fine.

Consumer Minister Melanie Johnson said:

"Supporting this Bill, which removes some loopholes in the law, is just one strand of our fight against counterfeiting. Raising public awareness of the serious consequences for consumers, jobs and crime is also vital."

The new law will also make it easier for the police to obtain search warrants and allow the police to apply them in the trade marks area as well as copyrights. It also makes sure that infringing goods that have been seized during an investigation can be ordered by the courts to be forfeited in all cases.

The private members Bill, which amends the Copyright Designs and Patents Act of 1988 and the Trade Marks Act of 1994, will now be considered by the House of Lords and the Government hopes it will become law in the autumn.

According to estimates by affected industries, counterfeiting costs the UK economy around £9 billion a year and is responsible for putting up to 4,100 people out of work.

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