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,  EWCA Crim 194
England and Wales
Cited – Regina 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