Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 (c. 25)

(1) The Copyright, Designs and Patents Act 1988 (c. 48) (in this Act referred to as the “ 1988 Act ”) is amended as follows. (2) In section 107(4)(b) (criminal liability for making or dealing with infringing articles, etc.), for “two” substitute “ ten ” . (3) In section 198(5)(b) (criminal liability for making, dealing with or using illicit recordings), for “two” substitute “ ten ” . (4) In section 297A(2) (criminal liability in relation to unauthorised decoders)— (a) for paragraph (a) substitute— “ (a) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both; ” ; and (b) in paragraph (b), for “two” substitute “ ten ” . (5) This section does not have effect in relation to any offence committed before the commencement of this section.

(1) The 1988 Act is amended as follows. (2) In section 109 (search warrants: infringing articles, etc.)— F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) in subsection (5), after “buildings,” insert “ fixed or ” . (3) In section 200 (search warrants: illicit recordings)— (a) in subsection (1)(a)— F2 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) after “importing” insert “ , possessing, selling etc. ” ; and (b) after subsection (3) insert— “ (3A) In executing a warrant issued under subsection (1) a constable may seize an article if he reasonably believes that it is evidence that any offence under section 198(1) has been or is about to be committed. ” . (4) After section 297A insert— (1) Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing— (a) that an offence under section 297A(1) has been or is about to be committed in any premises, and (b) that evidence that such an offence has been or is about to be committed is in those premises, he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary. (2) The power conferred by subsection (1) does not, in England and Wales, extend to authorising a search for material of the kinds mentioned in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (certain classes of personal or confidential material). (3) A warrant under subsection (1)— (a) may authorise persons to accompany any constable executing the warrant, and (b) remains in force for 28 days from the date of its issue. (4) In executing a warrant issued under subsection (1) a constable may seize an article if he reasonably believes that it is evidence that any offence under section 297A(1) has been or is about to be committed. (5) In this section “ premises ” includes land, buildings, fixed or moveable structures, vehicles, vessels, aircraft and hovercraft. ” . Textual Amendments F1 S. 2(2)(a) (b) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 1 , Sch. 2 (with regs. 31-40 ) F2 S. 2(3)(a)(i) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 1 , Sch. 2 (with regs. 31-40 )