Cabinet Member Report
Date:
Subject:
16 May 2007
Enforcement of sections 107A and 198A of the
Copyright, Designs and Patents Act 1988
Summary
The report sets out a proposal to delegate authority to the Deputy Director of
Community Protection to enforce sections 107A and 198A of the Copyright,
Designs and Patents Act 1988 (“The CDPA”).
Section 165 of the Criminal Justice Public Order Act 1994(“The CJPOA”)
introduced sections 107A and 198A of the CDPA but those sections were never
brought into force. These sections which make provision for local authorities to
exercise new powers, will now come into force on the 6th April 2007.
Recommendations
That the Deputy Director of Community Protection, in the absence of a
permanent Director of Community Protection, be delegated the authority to
enforce Sections 107A and 198A of the Copyright, Designs and Patents Act
1988 which comes into force on 6th April 2007.
Cabinet Member:
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Cabinet Member for Community Protection and
Licensing
16 May 2007
For General Release
Enforcement of sections 107A and 198A of the
Copyright, Designs and Patents Act 1988
Sue Jones
All
To tackle IP crime by enforcing new powers
relating to counterfeiting & piracy
Additional funding available from government
through grant determination
Sue Jones, Trading Standards
020 7641 2721
sjones@westminster.gov.uk
1.
Background Information
1.1
The Gowers Review of Intellectual Property crime recommended the
implementation of sections 107A and 198A of the CDPA, giving
Trading Standards the duty and the power to enforce against criminal
copyright offences. On 27 February 2007, The Criminal Justice and
Public Order Act 1994 (Commencement No. 14) Order 2007 was made
to enable section 165 of the CJPOA to come into force on 6th April
2007. Extra funding has been made available for local authorities,
Westminster City Council has been allocated approx £48,000.
1.2
Previously the public enforcement of the offences in sections 107 and
198 of the CDPA has been a matter for the police, or private
prosecutions. As from 6th April 2007, sections 107A and 198A of the
CDPA places a duty on the local weights & measures authority to
enforce the provisions of sections 107 and 198 which deal with
offences relating to the counterfeiting and piracy of copyright material.
1.3
Section 107 of the CDPA concerns the criminal liability for dealing with
infringing articles, etc. and Section 198 concerns the criminal liability
for making, dealing with or using illicit recordings.
1.4
Whilst funding is being made available, this will be an extremely
significant resource issue for Westminster, which is home to a large
number of major film and music companies, major head offices and
retail outlets, and has significant problems with illegal street selling of
pirated DVDs.
1.5
A report entitled “Street Signs” dated 28th March was jointly approved
by the Cabinet Members for Community Protection and Licensing and
Economic Development and Transport on 10 April 2007. This report
granted the Deputy Director of Community Protection delegated
authority to monitor breaches of copyright in respect of the use of the
Westminster City Council street sign designs on merchandise and that
any infringements are to be reported to the Director of Legal and
Administrative Services with instructions to take civil and/or criminal
proceedings in appropriate cases.
1.6
Best practice dictates that prior to any enforcement programme,
traders should be educated about the law. This is in line with the
enforcement concordat. During 2007 the Service will develop a project
plan outlining the enforcement/ intervention protocol to be delivered.
1.7
Until a permanent Director of Community Protection is in post,
delegated authority is sought on behalf of the Deputy Director of
Community Protection.
2.
Financial Implications
2.1
It is anticipated that the funding allocated to Westminster will be bid for
and allocated to Trading Standards in order to assist with the extra
enforcement responsibility as well as the anticipated legal fees
involved.
3.
Legal Implications
3.1
Contravention of the relevant parts of the CDPA is a criminal offence.
The maximum penalty is an unlimited fine or 10 years’ imprisonment.
There are no other legal implications other than those already
mentioned within the body of this report.
4.
Staffing Implications
4.1
It is highly likely that enforcement of these provisions will not be able to
be met within current staffing levels. The approach to be taken will be
outlined in the project plan mentioned.
5.
IT or Property Implications
5.1
It is anticipated that enforcement activity will be recorded on a separate
database , “Tell Pat” which is owned by the Patent Office with the
express purpose of sharing intelligence about IP crime.
5.2
Seized goods will need to be securely stored as evidence. Trading
Standards currently have a secure evidence store but this may not be
large enough should large numbers of infringing items or associated
equipment be seized.
6.
Crime and Disorder Act 1998 Issues
6.1
The City of Westminster has a duty under Section 17 of the Crime and
Disorder Act 1998 ‘to exercise its functions with due regard to the likely
effect of the exercise of those functions on, and the need to do all it
reasonably can to prevent, crime and disorder in its area’.
6.2
The implications of crime and disorder have been considered and this
report has been drafted pursuant to the City Council’s duty under S17.
7.
Health and Safety Issues
7.1
Health and safety is covered by existing departmental procedures.
8.
Human Rights Act 1988
8.1
Existing procedures and codes of practice cover test purchases and
enforcement action. These procedures address Human Rights and
other legal issues.
9.
Reason for Decision
9.1
IP crime is a significant issue nationally, and affects traders, residents
and visitors to Westminster.
9.2
In order to enforce the new legislation and justify any bid for
government grant money, delegated authority has to be given to the
Deputy Director of Community protection.
Background Documents
The Copyright, Design and Patents Act 1988
The Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 (Commencement No. 14)
Order 2007
If you have any queries about this report, please contact Sue Jones on
0207 641 2721, email address sjones@westminster.gov.uk
For completion by Cabinet Member
Declaration of Interest

I have no interest to declare in respect of this report
Signed ……………………………. Date ………………………………
NAME: Councillor Audrey Lewis, Cabinet Member for Community
Protection and Licensing

I have to declare an interest
State nature of interest ……..……………………………………………
………………………………………………………………………………..
Signed ……………………………. Date …………………………………
NAME: Councillor Audrey Lewis, Cabinet Member for Community
Protection and Licensing
(N.B: If you have an interest you should seek advice as to whether it is
appropriate to make a decision in relation to this matter.)
For the reasons set out above, I agree the recommendation(s) in the report
entitled Enforcement of sections 107A and 198A of the Copyright,
Designs and Patents Act 1988.
Signed ………………………………………………
Cabinet Member for Community Protection and Licensing
Date …………………………………………………
For Ward Specific Reports Only
In reaching this decision I have given due regard to any representations made
by relevant Ward Members.
Signed ………………………………………………
Cabinet Member for ………………………..
Date …………………………………………………
If you have any additional comment which you would want actioned in
connection with your decision you should discuss this with the report author
and then set out your comment below before the report and this pro-forma is
returned to the Secretariat for processing.
Additional comment: …………………………………………………………………
………………………………………………………………………………………….
………………………………………………………………………………………….
NOTE: If you do not wish to approve the recommendations, or wish to make
an alternative decision, it is important that you consult the report author, the
Director of Legal & Administrative Services, the Director of Finance &
Resources and, if there are staffing implications, the Head of Human
Resources (or their representatives) so that (1) you can be made aware of
any further relevant considerations that you should take into account before
making the decision and (2) your reasons for the decision can be properly
identified and recorded, as required by law.
Note to Cabinet Member: Your decision will now be published and
copied to the Members of the relevant Overview & Scrutiny Committee.
If the decision falls within the criteria for call-in, it will not be
implemented until five working days have elapsed for any call-in request
to be received.