II K 986/21
AI generated
Court imposes fine for attempted trademark infringement, rejecting civil damages due to attempted crime status.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of attempted trademark infringement and imposed a fine of 250 daily rates. While the defendant argued for civil compensation, the court held that because the act was only attempted, no measurable damage occurred to justify civil liability. Consequently, the court rejected the civil claims but upheld the criminal penalty while exempting the defendant from court costs due to low income.
Legislator headnote
AI generatedArt. 305 ust. 1 p.w.p.; Art. 306 ust. 1 p.w.p.; Art. 85§1, 2 kk; Art. 624§1 k.p.k.: In cases of attempted infringement where no measurable damage is proven, civil compensation claims are inadmissible, but criminal fines remain applicable.
Keywords
AI generated
attempted trademark infringement
civil compensation inadmissibility
no measurable damage
criminal fine imposition
reformationis in peius
court costs exemption
low income defendant
Cited Legislation
AI generatedArt. 305 ust. 1 p.w.p.
Art. 306 ust. 1 p.w.p.
Art. 85§1, 2 kk
Art. 624§1 k.p.k.
Cited Case Law
AI generatedRelated Decisions
AI generatedII Ka 582/22
Appeal dismissed; court upheld first-instance conviction for attempted rape and ordered defendant to pay appeal costs.
IX Ka 1480/23
Court partially allowed appeal to reduce private plaintiffs' process costs from 1800 to 1440 zloty.
II Ka 586/23
Appeal against acquittal dismissed; court upheld factual findings regarding defendant's employment and pandemic circumstances.
II Ka 51/22
Court dismissed appeals by defendants regarding legal qualification and procedural errors, upholding the first-instance sentence.
II AKa 59/24
Appeal court partially allowed appeal by overturning dismissal of compensation claim and remanding for new evidence evaluation.