Regina v Johnstone, etc: CACD 1 Feb 2002

The several defendants appealed convictions for breaches of section 92 of the Act.
Held: The section presumed that a civil infringement of the Trade Mark had taken place. Accordingly any of the defences available to a civil action must be available also against a criminal action. Furthermore there was no conflict between the Act and the Directive.


Lord Justice Tuckey, Mr Justice Pumfrey and Mr Justice Burton


Times 12-Mar-2002, Gazette 28-Mar-2002, [2002] EWCA Crim 194




Council Directive 89/104/EEC (OJ 1989 L40/5) the Trade Marks Directive, Trade Marks Act 1994


England and Wales


CitedRegina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
Lists of cited by and citing cases may be incomplete.

Crime, Intellectual Property

Updated: 30 June 2022; Ref: scu.167750