“Cyberspace” as the place of committing the act of trading in goods bearing a counterfeit trademark – from Polish court rulings to marketplace platform practice

The article is devoted to examining the effectiveness of Article 305 of the Act of 30 June 2000 – Industrial Property Law in combating the trade in counterfeits on leading online platforms – Allegro and OLX. The main research problem is determining the moment at which the elements constituting the act of trading in goods, within the meaning of Article 305 of the above-mentioned Act, are fulfilled. In the course of the analysis, the thesis was adopted that posting an offer to sell goods bearing a counterfeit trademark already constitutes an element of trading in goods. The conducted considerations allow the conclusion that, under the current legal framework, merely posting an offer does not constitute trading in goods and is not subject to penalization. Nevertheless, de lege ferenda such a solution is justified and should be adopted on the basis of a teleological and functional interpretation of the regulations aimed at securing the trademark ownership rights.

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