Abstract

The gloss refers to the judgment passed in the course of the proceedings, where one of the subjects was the possibility of protecting non-national trademarks, including European Union trademarks, in the territory of Poland. As a result of the cassation appeal in the case, the Supreme Court issued the judgment in which the type of the qualified act of marketing goods bearing counterfeit trademarks was treated as an incident of lesser importance. The gloss is critical of the judgement and assumes that extending criminal law protection under Art. 305 of the Industrial Property Law to trademarks other than national ones, in particular EU trademarks is impossible.