R v Cowne, Jill

Legislation

Trade Mark Act 1994, s.92

Keywords

Jurisdiction; criminal offences; extent of harmonisation

Counsel

Ashley Roughton, A Newman QC

Solicitors

Unknown

Judge

HHJ Pratt

Court

Croydon Crown Court

Reported

unreported

Summary

Trial of preliminary issue. The defendant pleaded that the court had no jurisdiction to try her for the offences as s.92 Trade Mark Act 1994 is inconsistent with the EU Directive on harmonisation of national trademark provisions (Dir. 89/104) and should therefore not be applied.

Decision

The judge found against any such inconsistency.

The defendant further pleaded that the issue should be referred to the ECJ before the start of the trial. The judge ruled that such a referral was inappropriate in this case, both on the basis of subject matter and timing.

NB: this approach was confirmed by the Court of Appeal in R v Johnstone.