The Industrial Property Law clearly defines what an industrial design is and who, by registering the design with the Patent Office, acquires the exclusive right to use it commercially. Unfortunately, not everyone follows these rules. Fortunately, in such situations the courts duly uphold the law.
For a product to succeed on the market, it must be not only functional but also visually attractive. When both come together, market success is guaranteed – and unfortunately that attracts not only customers but also dishonest companies: imitators.
Article 102 of the Polish Industrial Property Law states that “an industrial design is a new and individual appearance of a product or part of it, resulting in particular from the features of its lines, contours, shapes, colours, texture or materials and from its ornamentation”. One of our popular houseboat models, the Apart XS, is such a design. It is our own construction, the result of many years of experience in the industry – and it is exactly this model that a dishonest company copied.
We fight unfair competition
In this case the matter ended in court, and the company that copied our design was convicted. Although it stopped producing that houseboat model, it still copies and sells other units from our range. The company has also not paid the amount awarded, which a bailiff is now trying to enforce.
Check before you buy!
Customers should check carefully whether they are buying a houseboat from a reputable manufacturer or from a company with an unknown history that copies other businesses' designs. This matters because a houseboat is not just attractive design but the full technological know-how behind the product, built up over years.
The units covered by the judgment are still afloat in various European countries. We have requested their destruction, and the case is ongoing.