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Revised sentencing guidelines for trade mark offences
The Sentencing Guidelines Council has published revised sentencing guidelines for magistrates' courts.
The guidelines cover a wide range of offences which come before magistrates' courts, including the offences under section 92 of the Trade Marks Act 1994 (TMA) covering the unauthorised use of a trade mark, and associated orders for the forfeiture or destruction of goods (section 97, TMA).
When considering the seriousness of an offence under section 92 of the TMA, the courts are directed to consider matters such as the number of counterfeit items included in the relevant operation and the potential risk to buyers as a result of the counterfeit sale.
The guidelines will come into effect on 4 August 2008, and for the first time there is a statutory requirement for the courts to consider them.
Source: Magistrates' Court Sentencing Guidelines, 12 May 2008.
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