Brand protection and online marketplaces
Brand protection and online marketplaces

The following IP practice note provides comprehensive and up to date legal information covering:

  • Brand protection and online marketplaces
  • Challenges facing brand owners policing online marketplaces
  • Practical steps to strengthen brand position
  • Taking legal action
  • Taking action against individuals
  • Taking action against online marketplaces
  • Taking action against ISPs providing access to sites selling infringing goods
  • Parallel imports
  • What relief is available to brand owners?
  • Threats

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: What does IP completion day mean for intellectual property?

A growing proportion of retail sales are taking place online. Many consumers purchase goods via online marketplaces, such as Amazon, eBay and Alibaba. National boundaries have become blurred and counterfeiters and infringers can better hide their identity online. Brand owners therefore face a challenge in tackling the sale of counterfeit and infringing products online.

Challenges facing brand owners policing online marketplaces

Brand owners may have to tackle multiple types of infringement:

  1. trade mark infringement, for example:

    1. sale of counterfeit

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