Preview: Monitoring online platforms
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking 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

The new head of Phillips Ormonde Fitzpatrick outlines his vision for the firm and explains why D&I measures need constant work
Based on surveys covering more than 25,000 in-house lawyers, the series provides insights into what law firms must score highly on when pitching to in-house counsel
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Tony Nguyen, who returned to Fish & Richardson this month after a year travelling overseas, tells Managing IP how and why he took the plunge
Tom Treutler, who previously managed the Vietnamese office of Tilleke & Gibbins, has joined East IP
Counsel discuss upcoming AI and data privacy legislation and what they’ve learned since Chile joined the Madrid Protocol
INTA has postponed its planned Annual Meeting in Dubai, but the organisation should think carefully about whether it wants to go there at all
The firm has named its new managing director after its former Asia head resigned earlier this year
As law firms explore how best to support clients at the UPC, members of the UPCLA network believe they have found the best of both worlds
The Industry Patent Quality Charter hosted a conference in which it discussed the importance of granting high-quality patents
Gift this article