Criminalization of IP in the United Kingdom

Abstract The United Kingdom has a comprehensive suite of robust civil and criminal remedies to address Intellectual Property (IP) infringement. Until recently, civil remedies were the weapon of choice for IP owners. However, statistics from the Ministry of Justice on criminal enforcement of IP rights in recent years demonstrate a tentative but clearly growing reliance on criminal remedies, the scope and variety of which have also widened in recent years. An example is the criminalization of registered design infringement and increased penalties for online copyright infringement. The United Kingdom’s (UK) IP regime still remains deeply influenced by EU law. However, following Brexit and the application of the Retained EU Law (Revocation and Reform) Act 2023 (REULA 2023), the UK is at a pivotal moment in their IP enforcement regime, with greater freedom now to depart from the application of EU law. One thing is clear: the UK’s commitment to IP enforcement, especially through the use of criminal remedies, continues to grow in importance, a trend and approach which is clearly supported and welcomed in the UK Intellectual Property Offices’ (UKIPO) recent IP enforcement report for 2022–2027.