TAILIEUCHUNG - Addressing the Sale of Counterfeits on the Internet

In the global environment, the sale of counterfeit goods remains a significant issue facing consumers, industry and governments alike. The advent and subsequent rapid development of the Internet has raised the problem to heightened levels as counterfeiters find simplified means and additional channels in cyberspace to promote and sell counterfeit products to consumers. A number of key factors have spurred the growth of counterfeit sales online: Worldwide reach of the Internet means that sellers of counterfeits can reach consumers all over the world and are not limited to ‘brick and mortar’ establishments. Likewise, consumers who have access to the Internet are more exposed to and have. | ỊKI TA International ffV IẠ Trademark Association Addressing the Sale of Counterfeits on the Internet The Issue In the global environment the sale of counterfeit goods remains a significant issue facing consumers industry and governments alike. The advent and subsequent rapid development of the Internet has raised the problem to heightened levels as counterfeiters find simplified means and additional channels in cyberspace to promote and sell counterfeit products to consumers. A number of key factors have spurred the growth of counterfeit sales online Worldwide reach of the Internet means that sellers of counterfeits can reach consumers all over the world and are not limited to brick and mortar establishments. Likewise consumers who have access to the Internet are more exposed to and have more opportunities to knowingly or unknowingly purchase counterfeits from sellers within or outside their respective countries. Payments can be made entirely online. Therefore it is not only consumers who can purchase counterfeits using the Internet retailers wholesalers re-sellers or anyone else with a credit card can shop for counterfeits online. The anonymity gained from operating via the Internet allows counterfeiters to more easily dupe consumers into thinking they are buying genuine products. A number of factors contribute to this - Entering a trademark owner s trademark into a search engine does not guarantee that each website in the search results whether in the natural results or the sponsored links offers only genuine products of the trademark owner. Online sellers of counterfeits like online sellers of genuine branded products can take steps to achieve higher listings for their websites in the natural results and under current . law in at least some jurisdictions purchase a trademark owner s trademark as a keyword to secure a listing in the sponsored results. Online purchasers seeking to buy genuine products - and intending to pay for genuine products - may instead .

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