The cosmetics industry remains one of those industries where the role of innovation cannot be overestimated. Patent law makes it possible to monopolize innovative solutions and ensure their unimpeded exploitation.
The original, unique, scent is one of the most important features of luxury perfumes and its composition is usually a closely guarded secret. Paradoxically, however, granting legal protection to a scent is extremely difficult. Indeed, this issue has not been resolved in the decisions of the Polish Patent Office or Polish common courts.
From the drugstore to the courtroom – what are the main reasons behind disputes between cosmetic and perfume companies in Poland
On the Polish market of cosmetics and perfumes we will find both global producers and Polish brands. The latter are getting better and better. The cosmetics market in Poland doesn’t stop to grow. That growth has been particularly dynamic in recent years. Competition is also intensifying. It can lead to an increase in the number of court litigation cases related to intellectual property rights. Below we indicate what in our experience has been the most common subject of disputes among industry players.
Can an authorized retailer be prohibited from selling online or on a third-party online platform?
In order to bring the perpetrator to criminal liability for trade in counterfeits, it is first necessary to determine whether the traded goods are counterfeited, i.e. whether they bear a counterfeit trademark. Can we speak about a counterfeit trademark only if it is identical to a registered trademark? Well, no. A counterfeit trademark may also be a mark slightly different from the registered one, i.e. a mark that is confusingly similar.
The cosmetics market is growing and with it the number of different trademarks reported for this type of products. Therefore, conflicts between trademark registrations are inevitable. Their assessment is essentially the result of an assessment of the similarity of the compared goods and the similarity of the compared trademarks.