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Poland > Legal Developments > Law firm and leading lawyer rankings

Editorial

Report on the scale of customs seizures of goods suspected of infringing intellectual property right

Statistics in recent years show a constant increase in customs seizures of counterfeit goods. Goods seized these days by the customs authorities are not only those that are usually associated with counterfeiting, such as cosmetics, clothing and CDs/DVDs, but they also include items such as medicinal products, foodstuffs and toys. Attempts to import counterfeit goods of this type can lead to serious risks to the life and health of consumers.

Effective action to prevent the import of counterfeit goods to the European Union market could lead to better protection of original products and increase consumer confidence in products purchased.

The brand of the goods, shown in the form of a trademark placed on the product, is currently one of the most important indicators of a product’s value. Brands are treated as a type of certification by which the producer assures the consumer of product quality. A well known brand that is highly regarded by consumers has considerable
value for the producer.

Due to the heavy outlay on brand creation, many entrepreneurs, in breach of the law, try to benefit from the reputation of branded products by copying and counterfeiting them. Not only the visible markings on products protected by copyright or rights under trademark registration are counterfeited but also technical (technological) solutions that are often protected by patent or that are registered as industrial designs.

Once goods have been launched on the market it is extremely difficult to restrict circulation. However, swift, decisive steps can be taken at the customs clearance stage to identify, report, and destroy many counterfeit goods.

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