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Intellectual property law in cosmetics industry

intellectual property law unfair competition cosmetics perfumes

This article is a response to the growing significance of the cosmetics industry. Recent years have shown a significant rise in individual wealth in Poland, which influences the increased demand for cosmetics products and with it the scale of their production. Currently local brands are also increasing in popularity, as well as small-scale, environmentally conscious and natural product-oriented manufacturers. As a consequence, the structure of the industry is also changing — it is no longer just the large multinational companies that are significant players, as medium, small, and micro-scale entrepreneurs are also making their mark. With such tendencies, manufacturers intensively compete with each other. This article analyses the provisions of Polish and European law. The issue has also been analytically researched, based on the judgements of the Court of Justice of the European Union, the Polish Supreme Court and the patent descriptions of certain industry solutions. This article describes the regulation of cosmetic products in Polish and European legislation. The main aim of the article is the representation of current provisions of intellectual property law, which best reflect the cosmetics industry. This article also aims to show how entrepreneurs can defend themselves from using their prestige and market position by other entities introducing lookalike products or offering counterfeit products.

Wydawnictwo Uniwersytetu Wrocławskiego

ISSN 1733-5779 ISSN 0239-6661

10.19195/1733-5779.28.4

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne, ISSN 1733-5779. Nr 28 (2019), s. 63-76

Czasopisma Naukowe w Sieci (CNS)

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