What are counterfeit goods offences?
Counterfeit goods offences are criminal acts connected with placing a counterfeit trade mark on goods for the purpose of putting them on the market, or trading in goods marked with a counterfeit trade mark. They may involve manufacturing, importing, offering for sale, distributing or otherwise commercially dealing in products bearing a counterfeit trade mark.
A counterfeit product is not merely a low-quality or unbranded product. Under Polish criminal law, the key issue is generally the unauthorised use of a sign identical with, or indistinguishable under ordinary conditions from, a registered trade mark. Such products may imitate clothing, footwear, cosmetics, electronics, automotive parts, medicines, alcohol, toys, luxury accessories or software.
In Poland, counterfeit goods cases may involve criminal provisions concerning the unlawful use of trade marks, as well as civil and administrative measures protecting intellectual property rights. The legal assessment depends on the nature of the goods, the type of mark used, the scale of the activity, the role of the person involved and whether the conduct was intentional.
What conduct may constitute a counterfeit goods offence?
Counterfeit goods offences may concern more than the direct production of fake products. Criminal liability can also arise in connection with trading in such goods. This may include importing goods from outside the European Union, offering them for sale on online marketplaces, operating sales accounts, supplying retail outlets or distributing products through intermediaries. Transporting or storing goods may also be relevant where it forms part of an intentional role in the unlawful trade.
Cases often concern goods bearing logos, names, symbols or packaging that imitate well-known brands. For criminal liability concerning counterfeit trade marks, however, the sign must generally be identical with, or indistinguishable under ordinary conditions from, a registered trade mark. Signs that are merely confusingly similar may instead give rise to civil trade mark claims.
Online sales require particular caution. A seller may be held responsible not only for goods offered through a physical shop, but also through auction platforms, social media accounts, independent e-commerce websites or business-to-business channels. Product descriptions, photographs, invoices, shipping records and communications with suppliers may become relevant evidence in proceedings.
Counterfeit goods cases should be distinguished from disputes concerning parallel imports, unauthorised resale, generic products or ordinary trade mark infringement. Not every disagreement involving a brand or product designation is a criminal matter. The decisive factors may include the origin of the goods, the authorisation granted by the trade mark owner, the purpose of the transaction and the knowledge of the person handling the products.
When is legal assistance advisable?
Legal assistance may be needed as soon as counterfeit goods are identified during a customs inspection, police search, business inspection or internal compliance review. A prompt assessment can be important where goods have been seized, an online sales account has been blocked or an entrepreneur has received a notice from a trade mark owner.
Individuals may need support when they are accused of selling counterfeit products without understanding their origin or legal status. Entrepreneurs may require advice when assessing suppliers, import documentation, licensing arrangements, distribution chains or the authenticity of branded stock. Particular risks may arise where goods are purchased from foreign wholesalers, supplied without clear invoices or offered at prices significantly below normal market value.
Early consultation with a lawyer can help preserve evidence, identify the relevant intellectual property rights, assess the legality of the goods and prepare an appropriate response to law enforcement authorities or rights holders. It may also reduce the risk of procedural errors, unnecessary financial losses, interruption of business activity or escalation of a commercial dispute into criminal proceedings.
Possible consequences of counterfeit goods offences
The consequences may include seizure and forfeiture of goods, loss of sales channels, claims by the rights holder and criminal proceedings against persons involved in the supply or sale of the products. In more serious cases, the assessment may take account of the scale of trade, the financial benefit obtained, the organised nature of the activity and the role played by each participant.
A person suspected of involvement should not assume that acting as a courier, warehouse operator, intermediary or online account holder automatically excludes responsibility. At the same time, criminal liability requires an individual assessment of the facts, including knowledge, intent and the actual level of control over the goods.
Legal support in counterfeit goods matters may include:
- assessing whether products may infringe trade mark rights;
- representation in criminal proceedings concerning counterfeit goods;
- assistance during searches, seizures and questioning;
- analysis of import, supply and distribution documentation;
- advice on online marketplace listings and account restrictions;
- preparing responses to trade mark owners and law enforcement authorities;
- support in preventing intellectual property and criminal compliance risks.
Need legal assistance with a counterfeit goods offence? Contact us.