CJEU, 19 October 2023: Trademark counterfeiting may constitute both administrative offence and criminal offence
09-12-2023 Print this pageIPPT20231019, CJEU, GSTT
If a Member State complies with the obligation under Article 61 of the TRIPS Agreement to criminalise intentional trade mark or copyright infringement, that Member State is implementing European Union law so that the Charter applies (Article 51 Charter). The principle of legalisation of offences and penalties (Article 49(1) Charter) does not preclude national rules under which trade mark infringement may constitute both an administrative offence and a criminal offence. The principle of proportionality in criminal offences and penalties (Article 49(3) Charter) precludes a national statutory provision which repeatedly punishes trade mark infringement with a term of imprisonment of at least 5 years.
