R v M; R v C; R v T [2017] UKSC 58 – s 92(1) TMA- ECHR, A1P1.
- “counterfeit” goods and “grey” goods - interpretation of s 92 TMA.
1) s 92(1)(b) applied to both counterfeit and grey goods.
- offences under paragraphs (a), (b) and (c) of s 92 were not cumulative, but separate.
- the mental element of view to gain or intent to cause loss applied to each paragraph.
2) property rights in goods were not violated by criminal sanctions for selling those goods with infringing trade marks attached.
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