engleski

The Problem of Counterfeit Goods in Online Marketplaces

The paper looks at the rising trend of sale of counterfeited goods on online marketplaces, which seems to have become the key distribution channels for counterfeit goods and results in the rise of small shipments of counterfeited goods directly to the consumers which are hard to detect by the customs authorities. The problems connected with the enforcement of intellectual property rights when infringed in online environment and in the cross-border context are elaborated. The attractiveness of the online marketplaces for developing the business models used by counterfeiter is examined, explaining why online marketplaces are heavily infiltrated by the offer of counterfeited goods. The paper gives an overview of the legislative position of online marketplaces in terms of their liability for counterfeited goods offered through their services and discusses the risks and threats associated with the phenomena for the consumers when purchasing on online marketplaces since the consumer is not able to examine the product before buying it. Current legislative and practical efforts to address the problem of counterfeited goods on online marketplaces are discussed with a view of further measures to be taken by all stakeholders to minimize the offer of counterfeited goods on online marketplace which harms the interest of right holders, consumers as well as online marketplaces.

Intellectual property infringement; counterfeiting; online-marketplace

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