Sector: Internet and Online

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United States: How a multi-pronged legislative approach is curbing the online trade in fakes

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

The Lanham Act and Trademark Counterfeiting Act work hand in hand to boost anti-counterfeiting enforcement, protecting rights holders and legitimate suppliers against a rising tide of infringement. Counterfeiters may be subject to criminal prosecution by state or federal law enforcement agencies, which provide various penalties for offenders.

24 June 2024

How to scale anti-counterfeiting to thousands of cases annually

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

IP crime amounts to 2.5% of world trade, and the rise of online marketplaces has only made it easier for unauthorised sellers to profit from counterfeit goods. A mass targeted enforcement trial in Türkiye has proven effective at resolving cases quickly, but it remains to be seen whether this strategy could be implemented in other jurisdictions. 

24 June 2024

Canada: burden falls on brand owners and Customs in the fight against counterfeiters

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

While the Request for Assistance programme with Canadian border enforcement can provide crucial information when pursuing remedies, the lack of a singular legislation governing the extent to which a counterfeiter is in violation of the law – and the potential recourse available – is a major problem for rights holders. As a result, it is often up to them to police the market in collaboration with Customs. 

24 June 2024

Responding to online counterfeiters within the context of social media in China

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

While China’s E-Commerce Law has clarified platform and e-commerce operators’ legal obligations in the fight against counterfeiting, how to determine whether these responsibilities are being fulfilled remains unclear. Therefore, rights holders must be proactive in monitoring potential infringers to prevent them capitalising on their brand image.

24 June 2024

Greece: Collaboration and enforcement actions needed to handle surge in digital and offline fakes

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

Greece remains a popular hub for counterfeit goods entering mainland Europe, posing risks to public health and brand reputation. Additional pressure from the rise of digital marketplaces warrants more attention from enforcement authorities and better collaboration with rights holders to curb the uptick in infringing products, on and offline. 

24 June 2024

South Africa: Targeted law is already scoring big wins against domestic fakes

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

The Counterfeit Goods Act is a crucial weapon in the battle against homegrown infringement, setting out the procedures and penalties needed to take on counterfeiters. Inspectors have far-reaching powers to search for, seize and detain goods that are suspected to be counterfeit. 

24 June 2024

Evolving online route-to-market strategies and how to combat them

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

Digital markets offer an increasing number of distribution channels, of which bad actors can take advantage. Counterfeiters are constantly adapting to the e-commerce landscape, which presents difficulties for IP rights holders and enforcers, necessitating a more targeted approach to combat product piracy online. 

24 June 2024

Mexico: Refreshed regime takes aim at administrative infringements and criminal counterfeiting

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

Amendments to domestic IP regulations following the US-Mexico-Canada agreement have facilitated a more proactive approach to the trade in fakes and is good news for rights holders operating in Mexico. However, the efficacy of anti-counterfeiting efforts often depends on collaboration between customs authorities and trademark owners.

24 June 2024

Italy: Stronger enforcement continues to dovetail with augmented border control and harsher punishments

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

Over 20 specialised IP courts utilise Italy’s laws – particularly the Code of Industrial Property – to halt infringement and prosecutive infringers. Concurrently, national customs and border control efforts continue the good fight against the flow of offline fakes.

24 June 2024

INTA files amicus in BORED APE dispute; fake tickets crisis; new Guangzhou anti-counterfeiting group – news digest

In our latest round-up, we look at how banks are using AI to combat fraud, how last week’s trademark decision sparked US Supreme Court unrest, and much more.

21 June 2024

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