Ewa Górnisiewicz-Kaczor
Rules for liability of the administrator of a website for unlawful content posted by users
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.
Amendments to the rules on transit of counterfeit goods
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.
Combating counterfeit products – a blacklist of websites and physical marketplaces
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 fraud is not just counterfeiting
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.
A counterfeit with a typo – is it really a counterfeit?
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.
Trademarks and business names: Similarities and differences
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.
