Preview: Monitoring online platforms
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Preview: Monitoring online platforms

Online platforms provide the opportunity for just about anyone to sell a product or service, without the resources required for brick-and-mortar commerce. That provides sellers of counterfeit and contraband goods with the perfect hiding place: in plain sight, among countless others, and isolated from the in-person scrutiny of a potential buyer.

Estimates suggest that 60% of all counterfeit goods are sold online, and brand owners essentially have two courses of action available to them: “Follow the protocols of the IP protection policies that all of the platforms have, or pursue and confront counterfeiters and start legal actions,” according to Virginia Cervieri of Cervieri Monsuárez & Associates in Uruguay, who will moderate a panel, CT21, on online enforcement on Tuesday. Many brand owners choose “cooperation” with e-commerce platform providers over “confrontation,” Cervieri says.

Tuesday’s panel will feature speakers from Tommy Hilfiger, Adidas, Luxottica and Levi Strauss, who will present three cases demonstrating their coordination with popular platforms—Facebook, Alibaba and MercadoLibre. Each of these e-commerce platforms has policies to prohibit the sale of counterfeit goods and prevent IP infringement on their sites (as do most), but infringers can and do slip through. Once these counterfeit products are on the sites, “the brand owners, in my opinion, have all of the work,” Cervieri says.

“They have to monitor, notify the platforms and then wait for removal, which can take sometimes almost a week,” says Cervieri.

While the platforms do have policies in place, they are not proactive and place too much of the burden on brand owners, she adds. “The only other option available to brand owners is to confront individual infringers themselves and begin legal action. Neither option is efficient.”

The questions that will be addressed in the session, then, are: “Will the brand owners continue to cooperate, or will the platforms have to become more cooperative, and what are the common problems that brand owners are facing with these platforms?” says Cervieri.

CT21 Online Enforcement: Counterfeit Products, Contraband but Genuine Products, Parallel Imports is on Tuesday at 11:45

more from across site and ros bottom lb

More from across our site

Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Loes van den Winkel, attorney at Arnold & Siedsma, explains why clients' enthusiasm is contagious and why her job does not mean managing fashion models
Allen & Gledhill partner Jia Yi Toh shares her experience of representing the winning team in the first-ever case filed under Singapore’s new fast-track IP dispute resolution system
In-house lawyers reveal how they balance cost, quality, and other criteria to get the most from their relationships with external counsel
Dario Pietrantonio of Robic discusses growth opportunities for the firm and shares insights from his journey to managing director
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
The EMEA research period is open until May 31
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
Gift this article