Practices of Polish Law Enforcement and the Judiciary in Terms of Fighting Counterfeiting of Goods

Natalia Daśko

Abstract


The phenomenon of product counterfeiting, including especially medicinal
products, has been on increase, not only contributing to growing losses of the right- holders, but primarily constituting an increasing threat to consumers and safety of the country. Counterfeiting significantly reduces the revenue from taxes and fees; there are more and more reports about the fatal consequences of the use of counterfeited goods, especially drugs, dietary supplements, mechanical and electronic devices.

The dynamic character of the phenomenon of product counterfeiting is reflected not only in the continuing increase in the amount of counterfeited products on the market and the diversification of the categories of the counterfeited products, which results in a situation where all the products available in the economic trade have their counterfeited equivalents, but also in new trends in the fields of manufacture and distribution. Furthermore goods counterfeiting is related to the growth of crime by engaging organized crime and its connection with other serious crimes, including money laundering, human trafficking and enabling illegal immigration, frauds, and terrorism.

In Poland the significance and seriousness of the problem of goods and medicinal products counterfeiting, as well as legal penal instruments to prevent it, are not sufficiently recognized by the legislation or the practice. Goods counterfeiting remains beyond the control of the law enforcement, its prevention remains a façade, and the undertaken actions are conducted ad hoc, without a well-thought wider plan.

 


Keywords


Counterfeiting of goods, counterfeiting of medicinal products, money laundering, corruption, human trafficking, smuggling, organized crime, trade, fakes, counterfeits, counterfeiters, criminal law, criminology, judiciary, law enforcement

Full Text:

PDF