Is It Illegal to Sell Fake Designer Items?

What Polish law says: art. 305 Prawo własności przemysłowej

Under art. 305 ust. 1 of the Industrial Property Law (Dz.U. 2023 poz. 1170), whoever, in order to put goods on the market, marks them with a counterfeit trademark — including an EU trademark — they have no right to use, or trades in goods marked with such marks, is liable to a fine, restriction of liberty, or imprisonment up to 2 years.

Art. 305 ust. 2 covers lower-gravity cases, where the penalty is a fine only. Art. 305 ust. 3 applies when the offender made counterfeiting a regular source of income or the goods are of considerable value — then the penalty rises to imprisonment from 6 months to 5 years.

Under art. 306 of the same act, the court may order forfeiture of the materials and tools used to produce or trade in counterfeit goods.

This is general information about what the law says, not legal advice. The penalties apply to trading in counterfeit-marked goods — the act of putting them on the market or selling them.

Does buying fakes to resell count?

A published article by prosecutor Piotr Żak in Prokuratura i Prawo 4/2024 argues that "dokonywanie obrotu" (conducting trade) in art. 305 also covers buying counterfeit-marked goods when done for profit or professionally. In other words: buying fakes with the intention of reselling them may fall under the same provision as selling them.

This is one author's doctrinal view, not settled case law. Courts have not ruled definitively on this question. But the prosecutor's argument is publicly available and grounded in the text of the law — so if you buy fakes to resell, you should be aware that a legal theory exists to treat that as criminal trading.

If you are unsure whether an item is genuine, the safest path is not to buy it. A suspiciously low price compared to fair market value is the most common signal that something is wrong. For a full checklist of what to verify before buying, see the authentication checklist for designer items.

For more on spotting fakes before you buy, see spot fake listings on Vinted.

"Replica", "inspired by" and "I did not know"

Labeling an item as a "replica", "inspired by", "type of [brand]", or stating "I did not know it was fake" does not change the legal or platform consequences.

Under Polish law, what matters is the trademark on the goods themselves — not your description of them. Trading in goods bearing a counterfeit mark is prohibited regardless of disclosure. The trademark owner can still file a civil claim, and criminal liability may apply if you knew or should have known the marks were counterfeit.

On Vinted, the Catalogue Rules state that counterfeits are "strictly forbidden", including "handmade items that resemble other brands". The platform does not care whether you called it a replica in the title. If a buyer reports the item as counterfeit, Vinted investigates and can remove the listing, suspend your account, and in verified cases destroy the item.

The account risk is separate from the legal risk. Even if criminal liability is uncertain in a specific case, Vinted can and does ban sellers who list fakes — and the buyer can file a civil claim for compensation.

Platform rules: Vinted, OLX and Allegro Lokalnie

Vinted states in its Catalogue Rules that counterfeit items are strictly forbidden, including spare parts, accessories, and handmade items resembling other brands. The rules explicitly warn that "sale of counterfeit items could expose sellers to civil and criminal proceedings." For the full seller rules, see Vinted listing rules.

When a buyer reports an item as counterfeit, Vinted investigates both parties. The process follows this timeline:

From 8 October 2026, Vinted's updated terms give sellers 48 hours (previously 24 hours) to provide authenticity evidence after a counterfeit claim. In the UK and EU, verified counterfeits may be destroyed after 6 weeks. These changes apply to Poland and the UK according to Vinted's announced updates.

OLX and Allegro Lokalnie do not publish specific counterfeit procedures in their public help pages, so the exact process differs. Both platforms prohibit counterfeit goods in their general terms. If you sell on these platforms, check their current rules directly or assume a similar investigation process applies.

Keeping fakes out of your stock

The most effective protection is a sourcing policy that makes fakes unlikely before you buy:

• Ask the seller for receipts or proof of purchase before paying
• Verify the item against authentication checklist for designer items
• Use paid authentication services when the price and item justify the fee
• Cross-check the listing price against fair market value — a price far below what genuine items sell for is the single biggest red flag
• If something feels off, walk away — the margin is not worth the account and legal risk

For branded items, reva's Scout shows a five-level price ladder (Fast sell, Balanced, Fair value, Market ask, Max profit) from comparable items that left the market. A listing priced near the Fast sell level or below the Fair value benchmark deserves extra scrutiny — it may be genuine, but it is also where fakes cluster.

Vinted also offers item verification for eligible designer items, where the buyer can request a professional authenticity check before the sale completes.

This is why the sourcing step matters more than the listing step: by the time you list, the risk is already in your inventory.

If you already sell designer items regularly, consider building a relationship with trusted suppliers who provide invoices, or focusing on categories where authentication is easier (items with serial numbers, holographic tags, or original packaging).

If you already sold or received a fake

If you have already listed an item that turns out to be counterfeit, or you received a fake from a purchase:

1. Stop listing it immediately. Do not relist or try to pass it on.
2. Keep all evidence — messages, photos, proof of purchase.
3. Cooperate with the platform if a claim is opened. Provide what you have.
4. Refund the buyer through the platform process.
5. Seek legal advice if you receive a civil claim or notice of criminal investigation.

A note on "deadstock" claims: some buyers use "DS with box" (deadstock with original box) to describe genuine new items. If a buyer claims an item you sold as deadstock is actually fake, the same investigation process applies. Keep your purchase receipts — they are your best defence.

For the parallel risk of buying stolen goods, see avoid buying stolen goods.

If you sell as a private seller, the account ban is the main risk. For the difference between private and business seller status, see private vs business seller.