How Brand Protection Works in Practice
The automotive market has long been among those most exposed to counterfeits, from spare parts to diagnostic devices. The issue rarely ends with a mere loss of sales. A faulty diagnostic tester can produce incorrect readings and lead to improper repairs, while counterfeit parts can create genuine safety risks. The OECD classifies automotive spare parts among the dangerous fakes appearing in online orders.
At the same time, market practice often involves a second component: software piracy, such as diagnostic programs, licences, activation keys, and modified versions, frequently sold as a bundle together with hardware.
The scale of the phenomenon: what reliable data shows
According to data from Poland’s National Revenue Administration, the Customs and Fiscal Service recorded 831 detections of counterfeit goods in 2023 with a value exceeding PLN 388 million, and 948 detections in 2024 with a value exceeding 248,000,000 PLN (approx 55,000,000 EUR). It clearly illustrates the intensity of detections and the scale of trade in counterfeits.
In the area of digital piracy, EUIPO data indicates that piracy in the EU remains high. In some analyses Poland is among the countries with lower rates than the EU average, but the phenomenon remains significant.
When an infringement becomes a criminal offence
In the Polish legal system, two pillars are of key importance.
Counterfeiting trademarks and trading in goods bearing a counterfeit mark is penalised under the criminal provisions of the Industrial Property Law. The basic offence includes, among other things, affixing a counterfeit trademark to goods for the purpose of placing them on the market, as well as trading in goods so marked. In practice, automotive cases often meet the criteria for an aggravated type, for example where the activity constitutes a permanent source of income or concerns goods of significant value, which entails stricter liability.
Piracy of computer programs falls under copyright law and typically involves unlawful dissemination, fixation, reproduction, or trading in illegal copies, depending on how the perpetrator operates. In diagnostic cases, the problem is often not limited to the file or carrier itself, but includes the entire chain: offering a hardware plus illegal software package, providing instructions to bypass licensing, supplying updates, and distributing activation keys.
Criminal proceedings step by step: how the operation is stopped in practice
In cases involving counterfeit markings on diagnostic testers and automotive parts, as well as software piracy, time works in the offender’s favour. Listings disappear, marketplace profiles are closed, goods are moved, and digital evidence is lost. For this reason, the procedure should be planned to lead to procedural actions and seizures as quickly as possible.
1. Preparation by the IP right holder
Gather the essentials: proof of trademark/licence rights, key identifiers of genuine vs counterfeit items, and basic intelligence on distribution channels. For software, add licensing and activation/distribution evidence.
2. Notification of a suspected offence and an application for prosecution
The notification should clearly describe the conduct and indicate which evidence requires urgent securing. In trademark matters it is often crucial to attach an application for prosecution where the relevant offence is prosecuted upon the injured party’s request.
3. Pre-trial proceedings: seizures and evidence gathering
Once the case is initiated, the authorities seek to secure goods, equipment, data carriers, and transaction documentation. In parallel, they may request data identifying perpetrators from platforms and intermediaries. In practice, specialist findings or expert opinions are often necessary to address whether markings are counterfeit and to confirm the legality and origin of the software.
4. Operational measures and market evidence
At the same time, it is important to capture the scale and repeatability of the conduct by monitoring listings, identifying accounts and logistical or payment links, and preserving listing descriptions, including promises of full functionality or instructions for circumventing licensing. Law enforcement authorities also pursue such cases locally.
5. Asset securing and compensation for damage
In cases with a clear profit-making element, securing the goods is only part of the picture. The economic perspective also matters, including securing funds for future compensatory decisions. Where there is suspicion that illegal diagnostic testers are being used or stored at an automotive workshop, often together with unlicensed software, the Police carry out measures on the business premises. In practice, this means entering the workshop and securing diagnostic devices, computers and data carriers, as well as documentation that may confirm the equipment’s origin, how it was acquired, and the extent to which it was used.
6. Closing the case: settlement before indictment or judgment
Some proceedings end at the pre-trial stage through an agreement covering cessation of infringements, compensatory arrangements, and disclosure of distribution channels. In other cases, especially when the scale is larger or there is recidivism, the proceedings end with an indictment and conviction, as well as the payment of compensation.
What about civil proceedings?
The civil route, including injunctions, damages, or disgorgement of unlawfully obtained profits, may complement the strategy. However, in counterfeit and piracy cases the criminal route often leads most quickly to seizures and disruption of distribution.
Why support from a specialised law firm matters
Proceedings concerning counterfeit trademarks on diagnostic testers and automotive parts, as well as software piracy, require a combination of legal and technical expertise. This includes selecting the proper legal qualification, preparing evidence, efficiently filing the notification and application for prosecution, and actively participating in pre-trial proceedings through evidentiary motions and actions aimed at securing goods, data, and assets. For this reason, where trademark and software infringements are involved, the most rational solution is to entrust the case to a law firm specialised in trademark protection and combating intellectual property infringements.
The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Marta Halkiewicz, Partner at our Warsaw office, tel +48226580138 or email Marta.Halkiewicz@kyprianou.com
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