The Importance of Intellectual Property Law in the Prevention of Selling Counterfeit Products Online
Date Issued
2022-09
Author(s)
DOI
10.1108/978-1-80117-574-620221007
Abstract
Trade in counterfeit products has been expanding continuously. The emergence
of the internet, the process of globalisation as well as the increase of
digitalisation have enabled counterfeit products to infiltrate legitimate supply
chains, causing harm not only to national economies but also to holders of
intellectual property rights (IPR). In this chapter, we analyse the possible
solutions that holders of IP rights and their legal representatives have in their
fight against the online sale of counterfeit products. To elaborate on this
issue, first, we explain the legislation on an international level for IPR protection
and its specific characteristics. We explain the conventions on the
protection of IPR that are governed by the World Intellectual Protection
Organisation (WIPO) and the provisions of the TRIPS (Trade-Related
Intellectual Property Rights) Agreement governed by the World Trade
Organisation (WTO). We also analyse the national legislative procedure of
protecting and enforcing IPR in North Macedonia to explain a possible
solution to fight online counterfeit trade. As a case study of this chapter, we
explain the work of the Online Enforcement Programme of REACT as a
not-for-profit organisation with over 30 years of experience in the fight
against counterfeit trade and the challenges that they have in fighting against
the online sale of counterfeit products. Since IP law is territorial in its nature
as a conclusion, we suggest that a more centralised approach is needed in the
fight against the online sale of counterfeit products.
of the internet, the process of globalisation as well as the increase of
digitalisation have enabled counterfeit products to infiltrate legitimate supply
chains, causing harm not only to national economies but also to holders of
intellectual property rights (IPR). In this chapter, we analyse the possible
solutions that holders of IP rights and their legal representatives have in their
fight against the online sale of counterfeit products. To elaborate on this
issue, first, we explain the legislation on an international level for IPR protection
and its specific characteristics. We explain the conventions on the
protection of IPR that are governed by the World Intellectual Protection
Organisation (WIPO) and the provisions of the TRIPS (Trade-Related
Intellectual Property Rights) Agreement governed by the World Trade
Organisation (WTO). We also analyse the national legislative procedure of
protecting and enforcing IPR in North Macedonia to explain a possible
solution to fight online counterfeit trade. As a case study of this chapter, we
explain the work of the Online Enforcement Programme of REACT as a
not-for-profit organisation with over 30 years of experience in the fight
against counterfeit trade and the challenges that they have in fighting against
the online sale of counterfeit products. Since IP law is territorial in its nature
as a conclusion, we suggest that a more centralised approach is needed in the
fight against the online sale of counterfeit products.