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The Government’s reasons for proposing a three-year transition period for implementing
s74 Enterprise and Regulatory Reform Act 2013 are set out in its recent consultation
which concluded on 27 October 2014 (https://www.gov.uk/government/consultations/transitional-provisions-for-the-repeal-of-section-52-of-the-cdpa).
This does not represent an extended transition period but the Government’s provisional
judgement as to the shortest reasonable period, taking into account the needs of both
right owners and those using the current law to trade lawfully. The Government is
considering the evidence it received and will make its decision on transitional provisions
in the light of this. Current items made under the aegis of s52 of the Copyright,
Designs and Patents Act 1988 would not be considered counterfeits. Counterfeit products
(i.e. goods which falsely carry the trade mark of a genuine brand without permission)
are already subject to legal sanction under separate trade mark legislation.
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