The Sale of Counterfeit Goods via the Internet as a Contemporary Security Challenge – Legal Aspects

Ćeranić Perišić, Jelena (2020) The Sale of Counterfeit Goods via the Internet as a Contemporary Security Challenge – Legal Aspects. In: Archibald Reiss Days. University of Criminal Investigation and Police Studies, Belgrade, pp. 195-203. ISBN 978-86-7020-453-9; 978-86-7020-190-3

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Abstract

The sale of counterfeit goods via the Internet is considered to be a contemporary security challenge. Using e-commerce platforms (such as eBay) allows consumers to globally search, locate and buy goods from anywhere in the world. This new mode of trade has increased opportunities for infringements of Intellectual Property Rights, especially Trademark Rights. Counterfeit products pose threats to the health and safety of consumers and to security. Since internet users have access to websites created and edited abroad, the limits of national regulations have been breached. Therefore, it is an additional challenge for all legislators to agree on international legal framework for fight against the online sale of counterfeit goods. Existing binding sources of international law, treaties and state-to-state agreements (so-called hard international law), have nothing much to say regarding this issue. However, non-binding instruments (so-called soft international law) offer some effective solutions, such as Memorandum of Understanding on the Sale of Counterfeit Goods via the Internet.

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