FAQ

What are counterfeit goods?

Counterfeits are unauthorised copies of a genuine branded product, which in many cases do not comply with product safety and standards. Counterfeits are often produced with lower quality materials which can be life threatening in products such as car parts, toys, medicines, electrical products, cosmetics and so forth.

Luxury branded clothing, footwear, handbags, watches and jewellery are commonly targeted although anything that has added value from its trademark is counterfeited. The production, distribution and sale of such goods are often associated with criminal activities including identity theft, drug trafficking, slavery and child exploitation.

Further information on intellectual property crime for businesses and consumers has been provided by the Intellectual Property Office (IPO) here: https://www.gov.uk/topic/intellectual-property/crime-and-infringement.

Where do counterfeit goods commonly come from?
China, Hong Kong, India, Pakistan and Turkey are the main countries of provenance for counterfeit goods (IP Crime and Infringement 2020). Counterfeiting thrives in a global market using low-cost manufacturing, modern freight shipping facilities and the instant communications and payment systems that facilitate legitimate trade.
What are the main duties of trading standards?

The overall objective of Local Authority Trading Standards services is to protect the public and maintain a fair and safe trading environment. Trading Standards visit and inspect trading premises and undertake intelligence led investigations to enforce a range of consumer protection legislation. Their enforcement and business advice remit includes illicit goods (such as counterfeits and non-duty paid alcohol or tobacco), product safety, unfair trading practices, doorstep crime, scams and the underage sales of goods.

What should you expect from a Trading Standards visit?
Trading Standards Officers should identify themselves and explain the reason for their visit. They will always carry photographic identification which will usually show their name, department and Local Authority they work for. If you have any doubts, then call your Local Authority right away.

During routine visits they may ask a few questions about your due diligence procedures. Intelligence led visits mean they suspect illicit goods are being stored at the premises. This may mean they use their powers to request identification details of a suspect, CCTV images, or enter a unit. Occasionally Trading Standards Officers will be accompanied by detector dog teams. Your cooperation during these visits is appreciated.

What powers do Trading Standards Officers have?
Trading Standards powers under the Consumer Rights Act 2015 include the power to enter business premises at a reasonable time, inspect goods, require the production of documents, and seize material which might be required as evidence when a breach of Trading Standards law is suspected. They also have powers to request customer information which is protected by the Data Protection Act 2018 when it is in the public interest and required for the purposes of an investigation.
What happens if Trading Standards want to enter an individual unit?

If Trading Standards suspect counterfeit or illicit goods are being stored within a unit, they will use their powers to request details of the person who is renting it. This is likely to include copies of their identification documents, contact details and rental agreement. At this point an Officer may require a person with the authority to do so to open the unit. If this is not possible, they may use their own devices to gain entry. Officers will ensure any units they have entered are left securely. Under certain circumstances, Trading Standards will obtain a Warrant to enter premises.

What happens if illicit goods are found in the unit?
The goods will be seized and removed. The relevant paperwork including a receipt for items seized and contact details for the Officer in charge will be left at the premises. The lessee of the unit should be given these documents and advised to contact Trading Standards as soon as possible.