The Polish website onet.pl reports that the Supreme Court of Republic of Poland will have to decide whether buying counterfeit goods is understood as fencing. This important interpretational problem arose after the recent amendments of Polish Act on Industrial Property Law (the IPL). Article 305(1) of the IPL provides that:

"(...) Anyone marking goods with a counterfeit trade mark, registered trade mark for which one does not have the right to use, for the purpose of introducing them on the market or anyone who is making a turnover of goods bearing such trade mark, shall be liable to a fine, limitation of freedom or imprisonment for a period of up to two years".

Whoever acquires property obtained by means of a prohibited act, or assists in its disposition, or receives such property or assists in the concealment thereof shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years".