[2002] EWCA Crim 194

In a prosecution brought under s.92 Trade Marks Act 1994 it was necessary for the Crown to prove that the defendant's acts amounted to civil infringement of the trade mark in question such that a defendant relying on s.92(5) was entitled to rely on the defences contained in s.9, s.10 and s.11 of the Act. So understood, s.92 was not incompatible with Council Directive 89/104/EEC on Laws relating to Trade Marks. The onus on a defendant under s.92(5) was evidential only. * Leave to appeal to the House of Lords granted.

CA (Crim Div) (Tuckey LJ, Pumfrey J, Burton J)

31/01/2002