Ewa Górnisiewicz-Kaczor | In Principle

Trading in counterfeit goods is not just an economic problem, but is first and foremost a crime that victimises honest businesses, undermining principles of fair competition and trust of consumers built up over years. It is important to be aware of the consequences facing perpetrators of these offences, and how an injured company can effectively protect its brand.

Liability for content published on the internet infringing for example personal interests, industrial property rights or copyright may be imposed not only on the author of the content, but also on the administrator of the site where it was published.

The amendment to the Industrial Property Law extended the rights of trademark proprietors. From 16 March 2019, on the basis of domestic regulations, they may prevent transit of counterfeit goods.

On 7 December 2018 the European Commission released a watchlist of websites and physical marketplaces located outside of the European Union that have been identified as major sources of infringement of intellectual property rights.

Alcoholic beverages with counterfeit trademarks are just part of the fraudulent alcoholic beverages market. Fraud can also mean giving false information about a product’s properties. Penal sanctions can be imposed on perpetrators of both types.

In order to bring the perpetrator to criminal liability for trade in counterfeits, it is first necessary to determine whether the traded goods are counterfeited, i.e. whether they bear a counterfeit trademark. Can we speak about a counterfeit trademark only if it is identical to a registered trademark? Well, no. A counterfeit trademark may also be a mark slightly different from the registered one, i.e. a mark that is confusingly similar.

In resolving a conflict between a trademark and a business name, what will essentially be decisive is who first used the disputed designation. The true subject of the business will also be relevant.