[OSM-legal-talk] Trademark applications

MJ Ray mjr at phonecoop.coop
Tue Jan 20 23:34:16 GMT 2009


Frederik Ramm <frederik at remote.org> wrote: [...]
> I.e. he was saying that nobody was needed to "make it criminal" - that 
> the simple grant of a trademark would be sufficient to do that.
>
> I can't believe he's right but I think that's what he said. [...]

If I hadn't been seeing this steadily deteriorate, I probably wouldn't
believe it either.  Here's TRIPS Article 61:
http://www.wto.org/english/tratop_e/trips_e/t_agm4_e.htm#5

  "Members shall provide for criminal procedures and penalties to be
  applied at least in cases of wilful trademark counterfeiting or
  copyright piracy on a commercial scale. Remedies available shall
  include imprisonment and/or monetary fines [...]"

and here's the EU's IPR Enforcement Directive requiring implementation:
http://www.europarl.europa.eu/oeil/file.jsp?id=230622

  "criminal sanctions also constitute, in appropriate cases, a means
  of ensuring the enforcement of intellectual property rights"

and the UK's Trade Marks Act 1994 as revised 1996 gold-plates it.
http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=trade+marks+act&Year=1994&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1868072&ActiveTextDocId=1868194&filesize=6604

Please tell me if I'm wrong about wilful trademark infringement.

Thanks,
-- 
MJ Ray (slef)
Webmaster for hire, statistician and online shop builder for a small
worker cooperative http://www.ttllp.co.uk/ http://mjr.towers.org.uk/
(Notice http://mjr.towers.org.uk/email.html) tel:+44-844-4437-237




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