Poland

Please contact the REACT North-East Europe-office for more information about our services in Poland:

REACT North East Europe
Subaciaus g. 15-45
01300 Vilnius
Lithuania
T +370 5 212 2866
Contact: Mr Kazimieras Sarzickas
baltics@react.org
ksarzickas@react.org


Due to it geographical position in heart of Europe, Poland represents an entry/transit main point for goods coming from Far and Middle East and heading for EU. Further, Poland is on the crossroads of main trade routes, connecting: eastern parts with western parts of Europe and northern with the southern European countries, therefore it is often a target for counterfeit sellers. This is reason why the focus of activities on the customs surveillance plays an important role for the country. REACT cooperates under the partnership agreement with Grzelka & Partners Law Office from Poland, with its seat in Warsaw. All actions in Poland are coordinated by REACT North East Europe Office. Customs and police cases are followed-up by us under criminal procedure from initial information/seizure through storage/destruction and until final court decision. Some cases are resolved by the settlements whereby the costs of storage and destruction are charged to infringer. Very good cooperation with the Polish Customs, Police and Border Guard Service is maintained.

Our services in Poland

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Attending personal hearing
  • Desk research
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing a demand for a raid
  • Filing Customs applications
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • Customs application procedure is in place and is mandatory for border seizures
  • Customs application is valid for 1 year
  • Simplified procedure is available. In addition, criminal proceedings can be started to assure the confiscation and destruction of the counterfeit goods as well as prosecution of the infringer
  • Customs may act ex officio
  • Customs notification must be responded within 10 business days of the suspension
  • Criminal action against traders in the internal market can be taken by Customs, Police or Border Guard Service following a criminal complaint
  • Counterfeit goods are always subject to destruction under criminal procedure. Infringer is often imposed a criminal sanction (fine) or even an imprisonment
  • Claim for damage compensation can be filed in the criminal proceedings or settlement agreement can be signed