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2007 Changes in regulation of industrial property

On Friday 31.08.2007 amendments of regulations of industrial property (Dz. U. 2003 nr 119, pos. 1117) came into force. Although only on 1st November all new amendments will be in force beginning September art. 305 resolution 1 and art. 306 resolution 1 and 2 are already valid.

RANGE OF REGULATIONS

Amendments cover matters of criminal responsibility of dishonest businessmen who mark products with fake trade marks and then put them into the market.

CHANGES

Not only producer and importer will be responsible for introducing the fake products. Since the last amendment everybody no matter if they put the product into the market for the first time or do the re-sale will have to face the consequences, it means that also sellers and distributors will be fined or even convicted for 5 years of imprisonment.

Till 31.08.2007 thanks to inaccurate Industrial Property regulation of art. 305 many of those who was selling fake products avoided any criminal responsibility. It was possible because art. 305 regulated only the situation when fake products were introduced into the market. Supreme Court in resolution dated on 24th May 2005 (reference symbol of files IKZP 13/05) stated that punishing did not concern the re-sale. As a result of this resolution only those who introduced products originally to the market – producers and importers could have been punished. Further re-sale was allowed. According to this regulation everybody who brought fake products and then re-sold them was acting to the law.

On everyday basis resolution of Supreme Court meant that for the crime was responsible only the producer or importer of fake products but not the further distributor.

Criminal responsibility was not a threat also on somebody who bought a fake product on the market and then sold it on the Internet auction.

Since the amendment of art. 305 and 306 the law of Industrial Property, situation of the seller has changed drastically. Modification of the regulations introduced punishment for the re-sale of the fake products, meaning introducing them to the market for the second time. Now, each circulation of the fake products is punishable, finable (up to 5 tys. zl), restriction of liberty or even two years in prison.

For those who make a living selling fake products responsibility is even more serious. Restriction of liberty ranges from six months up to 5 years. In case of conviction the court can decree the forfeiture of implements of crime.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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