The court considered the existence of criminal liability under the 1994 Act for those importing from outside the EU and selling within the EU items marked with trade marks but not manufactured by them (counterfeits) or licensed by the trade mark holders, but not for import to the EU.
Held: The defendants objections were suggestions flatly contradicting the wording of the Act, and were rejected.
Judges:
Davis LJ, Birss J, Judge Rook QC
Citations:
[2016] EWCA Crim 1617, [2016] WLR(D) 567
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .
Cited by:
Appeal from – Regina v M and Others SC 3-Aug-2017
The defendants pursued an interlocutory appeal. They were being prosecuted inter alia for the sale of items manufactured elsewhere under trade mark licence, but then imported within the EU. They argued that the criminal offence did not apply since . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 04 September 2022; Ref: scu.570790