Abstract
Intellectual property lawyers are aware of, but not normally much concerned about, the criminal liability which may result from the infringement of a registered trade mark. This issue is usually only briefly discussed.' That may partly be due to the fact that this area of the law sits uneasily between the established, and quite different, disciplines of intellectual property law and criminal law, and lawyers of either type may find themselves somewhat uncomfortable giving too much thought to the respective unfamiliar component. However, in the light of the severe penalty for criminal infringement of registered trade marks up to ten years' imprisonment2 and in the light of recent court cases, particularly the House of Lords decision of RvJohnstone of 22 May 2003,3 it has become important to look at this neglected aspect of intellectual property law more closely.
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