Global IP Matrix - Issue 1
The Global IP Matrix is a brand new Intellectual property law magazine with a difference. We have designed a less formal looking, impressive and eye-catching publication with the 'off the shelf' appeal that still holds vital up to date literature and features that will keep you wanting to read more. We have collaborated with two of the world's leading IP Law firms to bring you an IP magazine designed and overseen by lawyers for lawyers. After spending many years in IP and attending hundreds of conferences all over the world we are very aware of our audience and their needs so we are confident that this new publication will supply you with the right content and keep you interested. Regular content will consist of: • Interview feature or featured articles • Independent columnists • Q&A's • Law firm profiles • Movers and shakers + much more
The Global IP Matrix is a brand new Intellectual property law magazine with a difference. We have designed a less formal looking, impressive and eye-catching publication with the 'off the shelf' appeal that still holds vital up to date literature and features that will keep you wanting to read more.
We have collaborated with two of the world's leading IP Law firms to bring you an IP magazine designed and overseen by lawyers for lawyers.
After spending many years in IP and attending hundreds of conferences all over the world we are very aware of our audience and their needs so we are confident that this new publication will supply you with the right content and keep you interested.
Regular content will consist of:
• Interview feature or featured articles
• Independent columnists
• Q&A's
• Law firm profiles
• Movers and shakers
+ much more
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Since Grey became<br />
Black and White<br />
Lisa Lovell, CEO of Brand Enforcement UK<br />
www.brandenforcement.co.uk<br />
Lisa Lovell, CEO of Brand<br />
Enforcement UK, delves into<br />
the law on ‘grey’ market goods.<br />
In August 2017, The Supreme Court ruled that<br />
it is a criminal offence to put ‘grey’ market<br />
goods on the market, just as it is for counterfeit<br />
goods. As most of us know, grey or ‘parallel’<br />
goods, refer to the trade of a commodity<br />
through distribution channels that are legal,<br />
but which are unintended by the original<br />
manufacturer or trade mark owner.<br />
Before we look at the impact of the decision<br />
some eight months on from this key decision,<br />
along with our predictions, let’s remind<br />
ourselves of the facts of the case and the law<br />
which the Justices scrutinised.<br />
In a joint appeal from three criminal cases<br />
of R v M, R v C and R v T [2017] UKSC 58,<br />
the Court considered section 92 of the Trade<br />
Marks Act 1994.<br />
The Law<br />
A criminal offence is committed under s92(1)<br />
(b) if with a view to gain for himself or with<br />
intent to cause loss to another, and without the<br />
consent of the trade mark owner, he sells, offers<br />
or exposes for sale goods which bear, or the<br />
packaging of which bears, a sign identical to a<br />
registered trade mark. Section 92 is a remedy<br />
separate from those available for infringement<br />
of the monopoly civil rights that the trade<br />
mark owners have.<br />
The Facts<br />
The defendants were bulk importers and<br />
sellers of goods bearing top fashion brands’<br />
marks, manufactured outside the EU. The<br />
goods were legitimately manufactured with the<br />
marks owners’ permission, but as is the typical<br />
definition of ‘grey’ imports or goods, these<br />
were in excess of the number permitted by the<br />
marks owners, or they were ‘seconds’ or rejects.<br />
The defendants asked the Court to distinguish<br />
grey goods from counterfeit goods. They also<br />
argued that the criminal sanction should<br />
only apply when a mark had been used in<br />
manufacture without the owner’s permission,<br />
unlike here, as all they had done was import<br />
and sell the goods without permission.<br />
8 www.gipmatrix.com<br />
www.gipmatrix.com<br />
9
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