Trading standards officers
will soon have powers to check companies’ software licences without
warning.
The Federation Against Software Theft (Fast) has
welcomed an announcement by trade and industry minister Malcolm
Wicks that from 6 April new powers under the Copyright, Designs and
Patents Act will now be at the disposal of Trading Standards.
Speaking at the
Intellectual Property (IP) Crime Group in
London, Wicks confirmed that Section 107A of the Copyright,
Designs and Patents Act of 1988 will come into force with £5m of
new enforcement funding.
Fast said this was a key recommendation of the Gowers Review of
Intellectual Property and has been a key focus of its lobbying
activity.
Wicks said, “From 6 April there will be an additional 4,500
pairs of Trading Standards eyes watching counterfeiters and
pirates. This may mean more surprise raids at markets and boot
sales, more intelligence, more prosecutions and more criminals
locked up. IP criminals should know that the UK is not a safe
place.”
The Gowers Review on Intellectual Property recommended the
implementation of section 107A of the Copyright, Designs and
Patents Act 1988 should give Trading Standards the duty and the
power to enforce against criminal copyright offences.
The Federation understands that Trading Standards will now have
a duty to investigate copyright offences and may enter workplaces
to inspect software licences, with no warrants or prior notice
needed.
The Review also recommended that the penalties for theft over
the internet match those for actual theft from a shop or
person.
Any successful civil action against a company may also result in
damages greater than the subsequent cost of purchasing the correct
number of licences, said Fast.
John Lovelock, director general of Fast, said, “Bringing into
force Section 107A will make enforcement of copyright the
responsibility of Trading Standards, and in theory give enforcement
officers the right to conduct a software inspection regime.
“It’s time for organisations to get their software compliance
with the law addressed. Trading Standards can now come knocking on
your door, and you may be the subject of a criminal investigation,”
said Lovelock.
Screw set to tighten on software misuse
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