Court of Appeal Provides Guidance for Future Criminal Prosecutions Under the Trade Marks Act
Recently, the UK Court of Appeal gave judgment in an appeal with important ramifications for future criminal prosecutions of counterfeiters in the UK.
Overview
The appeal flows from the conviction of a number of individuals for the criminal offence of the unauthorised use of trade marks in relation to goods (under section 92 of the Trade Marks Act 1994). The appellants were involved either in selling bootleg CDs of leading recording artists or counterfeit computer games or clothing under well-known trade marks, such as Sony or Nike.
A number of challenges were raised to the nature of the criminal offence (contained in an otherwise civil statute) and whether it was in conformity with the EC Trade Marks Directive and European Convention on Human Rights. The Court undertook a comprehensive review of both the relevant civil and criminal provisions. It sent a clear message that it
