Online Trade of Counterfeit Goods

The Internet represents for companies a way to reach customers in a cost-effective manner, i.e. through social media platforms. Counterfeiters have also seen the online environment as the easiest way to sell unlawful replicas of products without exposing their identities, representing this a threat for right holders which have to fight against the phenomenon of online trade of counterfeit goods. Due to the rise and the economic impact of counterfeits, the EU Commission is encouraging the cooperation between right holders and online intermediaries, via the Memorandum of Understanding, to implement voluntary remedies and assessing the supposedly quick preventive measures and remedies granted by the Directive on the Enforcement of Intellectual Property Rights. This book presents the main loopholes as to the application of voluntary remedies implemented by online intermediaries. It scrutinises the problems encountered by right holders when seeking for preventive injunctions and remedies set in the Enforcement Directive. Finally, it analyses whether the EU Commission’s approach addresses the issues faced by right holders to fight against the online trade of counterfeit goods.