Private prosecutions can help luxury companies
Private prosecutions can be helpful in the fight against counterfeiting but must be used with caution, says Adam Glass of Lewis Silkin.
Any person or company can bring a private prosecution for an offence in the UK and a number of luxury companies have used it as a weapon against counterfeiters, Adam Glass, head of retail at Lewis Silkin, told the Luxury Law Summit. He said they were not difficult to start. However, he warned that those looking to go down this path should be aware that there were cost implications if the process was started but discontinued. Furthermore, the prosecutor should not be motivated by the wrong reasons otherwise abuse of powers would be an issue.
Mulberry general counsel Kate Wilkinson said her company used private prosecutions but that they were 'just one tool in our box'. One of the main benefits was that they are a useful way to disrupt counterfeiters. However, one of the most difficult issues was trying to find out who to issue proceedings against.
The session, Private Prosecution: An Alternative to Civil Litigation' in association with Lewis Silkin, was part of the Luxury Law Summit 2017, held in London this week.