Sale Of Counterfeit Goods Research Articles

Trademark Law in the Digital Age: Challenges and Solutions for Online Brand Protection

Trademark law faces new challenges in the digital age, particularly concerning the protection of brands online. This article examines the evolving landscape of trademark law in the digital era, focusing on the challenges and solutions for online brand protection. Employing qualitative methods such as literature review with library research, the study explores the impact of digital technologies, e-commerce platforms, and social media on trademark infringement and counterfeiting. It analyzes the legal frameworks and case law surrounding trademark protection in online environments, considering issues such as domain name disputes, keyword advertising, and the sale of counterfeit goods on online marketplaces. Furthermore, the paper investigates the role of intellectual property rights enforcement agencies, internet service providers, and online platforms in combating online trademark infringement. It also examines emerging trends in trademark law, including the use of artificial intelligence and blockchain technology for brand protection. Through a comprehensive review of legal literature and case studies, this article identifies best practices and legal strategies for enhancing online brand protection in the digital age. It emphasizes the importance of international cooperation, public-private partnerships, and legislative reforms to address the challenges posed by online trademark infringement effectively.

Mitigating Counterfeiting Using Blockchain Enabled Product Authentication

Abstract: Counterfeit goods pose a significant challenge to businesses, particularly those involved in the production and sale of high-value items. Traditional methods of product verification have limitations and often fail to detect counterfeit products quickly and efficiently. The emergence of blockchain technology offers a promising solution to this problem, allowing for the creation of a secure and transparent system for product authentication and tracking. Blockchain technology leverages a decentralized and tamper-proof ledger to enable product verification and tracking across the supply chain. By using blockchain, businesses can establish a system that verifies the authenticity of products from the point of manufacture to distribution and beyond. This can help businesses combat the production and sale of counterfeit goods. To implement blockchain technology for product verification and counterfeit removal, technical expertise is required. This involves creating a blockchain-based system that can uniquely identify each product, developing secure networks of nodes to maintain the blockchain, and creating smart contracts to automate the verification process. By adopting blockchain technology for Products Authentication and counterfeit Elimination, businesses can benefit from increased customer trust, brand reputation protection, and reduced risk of health and safety hazards associated with counterfeit goods. Ultimately, the implementation of blockchain technology offers a more efficient and effective solution to the problem of counterfeit goods, benefiting businesses, customers, and the economy.

MROCZNE STRONY NAJNOWSZYCH FORM WALKI Z PODROBIONYMI TOWARAMI I PIRACTWEM MARKOWYM – ZASĄDZANIE ODSZKODOWAŃ, PENALIZACJA CZY SAMOREGULACJA?

The article deals with the methods of combating the trade in counterfeit goods and brand piracy. In the current situation, especially when reports about the growing wave of trade in counterfeit goods and brand piracy also fully apply to the Polish market, there is no doubt that all the authorities operating in Poland whose scope of tasks includes activities in the field of preventing and combating such violations should actively contribute to the implementation of plans and initiatives undertaken at the EU level, referred to in part IV of this article. For many years, the European Commission has been generating various documents that are worth using, but when it comes to concrete methods – the Commission has for years been constantly “announcing” the future creation of a “toolbox” to fight this type of infringement. The article (in parts V and VI) also mentions “self-regulation” – as a new method of combating counterfeiting and brand piracy – in the light of actions taken at the EU level. The basis of this new method is the document referred to as the “Memorandum of Understanding on the Sale of Counterfeit Goods via the Internet” of May 4, 2011 (the 2016 version is currently in use). This document is defined as the voluntary agreement supported by the European Commission between the largest online platforms, suppliers, sellers and rights owners of goods whose counterfeit and pirated versions are sold on the Internet. The article presents the assumptions and principles of the functioning of this agreement in the field of “self-regulation” consisting in the cooperation of the signatories of this agreement, in particular based on the exchange of information on cases of violations and procedures to counter them (as part of quarterly meetings of these entrepreneurs “under the auspices of the European Commission”). The descriptions of the functioning of this agreement presented in the periodical documents published by the Commission contain both positive and negative evaluations. In particular, the article mentions that a large group of rights holders have pointed out that many offers of counterfeit goods are still available on online markets. These signatories consider that cooperation and information exchange with online platforms are insufficient for the commitments made under the “self-regulation” agreement and that the level of counterfeit goods is still too high. Descriptions of the agreement’s principles of operation and of assessments contained in the published documents prompted the author to pose numerous questions regarding the fundamental issues requiring clarification if the agreement is to continue to be in power in its current form. One of the questions concerns the verification by the European Commission (under the “auspices” of which this agreement is functionning) of the content of information exchanged by the signatories of the agreement from the point of view of compliance with the antimonopoly law which prohibits competition-restricting agreements.

Judicial protection of trademarks in Italy

Keywords: trademark, civil litigation, judicial examination, judicial expert, court order, legal proceedings, piracy, counterfeiting
 The article analyses the system of judicial protection of trademark rights on the example of Italy. The main focus is on the judicial procedures provided for by the Italian civil procedural law in the event of an appeal to the court for the protection of the rights of interested persons. Jurisdiction for consideration of cases related to the protection of trademark rights, as well as cases related to unfair competition, is defined. The examination is also carried out by specialized chambers of intellectual property in general courts that consider civil and criminal cases (first and second instance). The legislation distinguishes between two types of legal grounds for lawsuits: violation of the rights of the plaintiff (owner of the trademark certificate)and recognition of the trademark certificate as invalid. The types of decisions that can be made by the court are analysed. First, the court can decide on «descrizione», according to which the plaintiff, with the participation of a bailiff and an expert, can examine and draw up a detailed description of the goods and/or production methods that infringe his rights. The purpose of this procedure is to officially record the violation of the plaintiff's rights. Secondly, the court can may decide to impose a sequestration on the defendant's property. Sequestration is carried out by a bailiff. In some cases, the plaintiff may participate in order to correctly identify the goods subject to seizure. The court may decide on the application of sequestration in the presence of a real threat and the possibility of causing irreversible damage to the plaintiff.Thirdly, the court may issue a decision imposing a ban on the infringer's activities related to the production, distribution, marketing, promotion and sale of counterfeit goods. When deciding on the above-mentioned grounds, the court can provide for the collection of a certain monetary fine from the defendant.The conclusion is formulated that the system of judicial protection of the rights of trademark owners in Italy is characterized by a balance of interests between the owners of trademark certificates, state and public interests. The court that examines this category of cases takes a fairly balanced approach to the application of certain sanctions, considering all the specifics of intellectual property rights, the interests of business entities and the damage caused by violations.

EFFECTIVE ANTI-PIRACY IN VIETNAM: A JOURNEY THROUGH SITE BLOCKING

The dawn of the Internet has created significant challenges to protecting copyrighted materials from piracy. In the past, copyright protection was mainly concerned with the threat of infringement from the sale of counterfeit goods, like pirated CDs and optical media. However, the Internet has now allowed for online piracy where infringing materials can be accessed online or copied with even greater ease. Vietnam has recently become a jurisdiction that is a hotbed for online piracy and copyright infringement globally. This is largely because Vietnam's current statutory and regulatory regime fail to effectively create an effective antipiracy regime in accordance with its WTO TRIPS obligations. Furthermore, Vietnam's recent accession of various treaties like the CPTPP and WCT further galvanizes a need for change in Vietnam's intellectual property regime. Thus far, Vietnam's attempts at fashioning an effective site-blocking regime have not succeeded. This paper will look at other effective site-blocking regimes, namely Singapore, India, and France, to look prospectively at what may be possible in Vietnam.

Memorandum o razumevanju o prodaji krivotvorene robe na internetu - ocena primene deset godina nakon potpisivanja

The sale of counterfeit goods on the internet is a global problem affecting all national economies. As internet users have access to websites created in other countries, the limits of national regulations have been breached. Therefore, it is necessary to regulate the fight against the sale of counterfeit good on the internet on international level. Existing binding sources of international law do not regulate this issue. However, non-binding international legal instruments offer solutions. In 2011, under the auspice of the Commission, Memorandum of Understanding (MoU) on the sale of counterfeit goods on the internet was concluded. Memorandum serves as a basis for dialogue and cooperation between stakeholders, with the aim of curtailing the offering of counterfeit goods on online marketplaces. The paper analyses reasons for the adoption of MoU and its content. Special attention is paid to notice and takedown. The paper also examines results of MoU and its perspectives.

“Alone we can do so little; together we can do so much”: the essential role of EU agencies in combatting the sale of counterfeit goods

ABSTRACTThis article demonstrates the role and importance of EU agencies in the EU’s regulatory environment, and considers the consequences of an absence of cooperation through agencies for internal security. It does so by exploring the case study of the anti-counterfeiting activities of the European Union Intellectual Property Office (EUIPO), and what happens when a state no longer benefits from membership of an EU agency. The effective protection of consumers from counterfeit goods is dependent upon identifying best practices, sharing information on counterfeiting trends, and coordinating responses, activities undertaken through EU agencies. This article demonstrates that the ability of states to effectively counter the sale of counterfeit goods is dependent upon the existence of EU agencies due to the need for transnational cooperation. In the absence of EU agencies, states are likely to suffer diminished operational expertise and a lack of in-depth knowledge concerning counterfeiting trends. It concludes that the EU agencies form an essential part of EU security governance, with states not party to these cooperative endeavours rendered vulnerable and unable to combat at a national level what is ultimately a global problem.

«Паразитичний маркетинг»: ризики та алгоритм захисту для торговельних марок.

The article was analyzed the theoretical and applied aspects of the spread of parasitic marketing and its threats to right-holders of trademarks (TM). The main way of protection of TM is their registration. But the prevalence of counterfeit goods in the world, significant economic and image losses of rightsholders, the problem of bringing violators to responsibility make it necessary to study the factors creating conditions for the purchase and sale of counterfeit goods, and determine the algorithm for protection against parasitic marketing.The authors were conducted an empirical study (questionnaire), the results of which proved the awareness of the citizens of the high level of falsification of the Ukrainian market of goods and services, the neutral attitude of the Ukrainian to the existence of counterfeit goods. According to the results of the second experimental study – with manipulation over the appearance of the product and a change in the designation of TM - it was determined, that the trademark is the main signal for consumer choice. Low levels of awareness about elements of original TM, legal awareness in the field of intellectual property (IP), awareness of imperfections of the domestic sphere of protection of IP rights, drop in the level of well-being of the population -are grounds for existence and distribution of parasitic marketing.In order to avoid negative development scenario, the right-holders of TM are invited to direct their attention to three areas: research of factors of consumer choice; research of risk factors for the appearance of counterfeit goods; formation of their own set of measures aimed at protecting TM against parasitic marketing based on the presented algorithm.

A Meaningful Opportunity to Comply

In the fight against trademark infringement, brand owners have in recent years adopted a new tactic: bringing suit against the individuals responsible for the manufacture and sale of counterfeit goods. Because defendants in these lawsuits sometimes fail to appear in court, plaintiffs instead seek the profits made by these counterfeiters as a remedy. In several recent cases, luxury brands Tiffany and Gucci have done just this. As part of discovery, Tiffany and Gucci requested several defendants’ bank records from Chinese-owned banks to determine the profits made by the defendants. The banks challenged these discovery requests, forcing the courts to address whether the Hague Convention on Taking Evidence Abroad in Civil or Commercial Matters (Hague Evidence Convention) or the Federal Rules of Civil Procedure (Federal Rules) should be used to order evidence disclosure from non-party Chinese banks. The seminal Supreme Court case on the issue of discovery abroad is Societe Nationale Industrielle Aerospatiale v. United States District

Perfumes e colônias no comércio ilegal

Perfumes and colognes are produced with a careful selection of raw materials, which are combined to provide a unique characteristic and of high value-added product. Due to the huge profits provided to the cosmetic industry, the sale of counterfeit goods has been growing. This study aimed at assessing the authenticity and safety of perfumes and colognes of national brands marketed in the clandestine trade of Sao Paulo, by evaluating the following parameters microbiological, cytotoxicity, chromatographic profile and authenticity. Characteristics differences between the samples and the reference standards were found, indicating that they were not manufactured by the industry companies which hold the perfume brand. Theses findings serve as a warning to intensify the surveillance and to follow the measures against the practice of forgery, as by means of educational campaigns, for elucidating the risks that these products can cause to the consumers health and safety.

European Commission publishes Memorandum of Understanding on the sale of counterfeit goods over the internet

European Commission publishes Memorandum of Understanding on the sale of counterfeit goods over the internet

A Study on the Trademark Infringement Liabilities of Service Providers of Online Open-Market for the Sale of Counterfeit Goods

A Study on the Trademark Infringement Liabilities of Service Providers of Online Open-Market for the Sale of Counterfeit Goods

Possession or Sale of Counterfeit Goods Constitutes a Crime Notwithstanding the Lack of Mala Fide Intentions

AbstractIn a judgment delivered by the Sharjah Civil Court and upheld by the UAE Federal Supreme Court, the Court held that offering and storing counterfeit goods in the UAE is a crime under the Law of Fraud in Commercial Transactions (Law No. 4 of 1979) and that intent to commit the crime is not required to be proved. It is sufficient if counterfeit goods are stocked, referred or exhibited for the crime to be complete. The intention of the accused will not be one of the conditions for the crime to constitute an offence according to the said law.