[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:

  "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:

  "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.

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

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

More information about the legal-talk mailing list