Polish Supreme Court limits the possibilities for penalizing counterfeiters by excluding fencing

摘要

The Supreme Court of the Republic of Poland has given a binding interpretation of Articles 291 and 292 of the Penal Code which will further complicate the ability of trade mark owners to enforce their rights with regard to trade mark counterfeiting in Poland, by confirming that the act of commercializing goods marked with a counterfeit trade mark does not fall under the scope of the crime of fencing. This is one in a series of similar setbacks for trade mark owners battling counterfeits in Poland, which is on its way to becoming the European Union counterfeit loophole territory on account of its inadequate penal enforcement in trademark counterfeit matters.