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Table of Contents
Intro
Foreword
Acknowledgements
Executive Summary
E-commerce trends and developments
Government actions to combat counterfeiting
Actions that platform operators have taken to combat counterfeiting
Remaining challenges
1 E-commerce trends and developments
Background
Market trends
Industry structure
Overview
Distribution
E-commerce fraud
Social media
Use in e-commerce
Influencers
COVID-19
Consumers
Developments and trends
Counterfeits
References
2 Issues
Flexibility
Collaboration
Diverse landscape
Liability
Third-party sellers
Privacy
Scope of anti-counterfeiting measures
Product listings
Reference
3 Frameworks
Internet governance
Government-led measures
Australia
European Union
Memorandum of Understanding on the Sale of Counterfeit Goods on the Internet
Key provisions
Assessment report
General evaluation of co-operation under the MoU
Key performance indicators
Practices reported by signatories
Conclusions and next steps
Legislation
EUIPO
United Kingdom
United States
Best practices
Comprehensive terms of service agreements
Significantly enhanced vetting of third-party sellers
Limitations on high-risk products
Efficient notice and takedown procedures
Enhanced post-discovery actions
Indemnity requirements for foreign sellers
Clear transactions through banks that comply with US enforcement requests
Pre-sale identification of third-party sellers
Establish marketplace seller IDs
Clearly identifiable country of origin disclosures
Outcomes, issues and challenges
Legislation
Industry actions
Sellers
Consumers
Brand owners
Law enforcement - co-operation
Internal expertise, in-house capacities
Transparency
References
4 Conclusions
Reference.
Annex A. Summary of key provisions of the June 2016 EU memorandum of understanding on the Sale of Counterfeit Goods on the Internet
Annex B. Signatories to the June 2016 EU Memorandum of understanding on the Sale of Counterfeit Goods on the Internet, as of 28 April 2021
Annex C. EU practices to combat the online sale of counterfeit goods
I. Proactive and preventive measures
Fighting counterfeiting at its source
Providing product information and keywords
Seller's identity verification
Proactive identification of offers of counterfeit goods
Brand protection programmes
II. Notice and take-down (NTD) procedures
Experience with NTD procedures
The concept of "trusted flaggers"
Reacting to notices
III. Repeat infringers
Identification of repeat infringers
Repeat infringer policies and sanctions
IV. Cooperation, including sharing information
Setting out clear policies
Transparency
Facilitating legal actions
Improved information exchange
V. Co-operation with customs and other law enforcement authorities
VI. Consumer confidence, information and protection
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Foreword
Acknowledgements
Executive Summary
E-commerce trends and developments
Government actions to combat counterfeiting
Actions that platform operators have taken to combat counterfeiting
Remaining challenges
1 E-commerce trends and developments
Background
Market trends
Industry structure
Overview
Distribution
E-commerce fraud
Social media
Use in e-commerce
Influencers
COVID-19
Consumers
Developments and trends
Counterfeits
References
2 Issues
Flexibility
Collaboration
Diverse landscape
Liability
Third-party sellers
Privacy
Scope of anti-counterfeiting measures
Product listings
Reference
3 Frameworks
Internet governance
Government-led measures
Australia
European Union
Memorandum of Understanding on the Sale of Counterfeit Goods on the Internet
Key provisions
Assessment report
General evaluation of co-operation under the MoU
Key performance indicators
Practices reported by signatories
Conclusions and next steps
Legislation
EUIPO
United Kingdom
United States
Best practices
Comprehensive terms of service agreements
Significantly enhanced vetting of third-party sellers
Limitations on high-risk products
Efficient notice and takedown procedures
Enhanced post-discovery actions
Indemnity requirements for foreign sellers
Clear transactions through banks that comply with US enforcement requests
Pre-sale identification of third-party sellers
Establish marketplace seller IDs
Clearly identifiable country of origin disclosures
Outcomes, issues and challenges
Legislation
Industry actions
Sellers
Consumers
Brand owners
Law enforcement - co-operation
Internal expertise, in-house capacities
Transparency
References
4 Conclusions
Reference.
Annex A. Summary of key provisions of the June 2016 EU memorandum of understanding on the Sale of Counterfeit Goods on the Internet
Annex B. Signatories to the June 2016 EU Memorandum of understanding on the Sale of Counterfeit Goods on the Internet, as of 28 April 2021
Annex C. EU practices to combat the online sale of counterfeit goods
I. Proactive and preventive measures
Fighting counterfeiting at its source
Providing product information and keywords
Seller's identity verification
Proactive identification of offers of counterfeit goods
Brand protection programmes
II. Notice and take-down (NTD) procedures
Experience with NTD procedures
The concept of "trusted flaggers"
Reacting to notices
III. Repeat infringers
Identification of repeat infringers
Repeat infringer policies and sanctions
IV. Cooperation, including sharing information
Setting out clear policies
Transparency
Facilitating legal actions
Improved information exchange
V. Co-operation with customs and other law enforcement authorities
VI. Consumer confidence, information and protection
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