Sale of counterfeit goods online

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

  • Sale of counterfeit goods online
  • What are counterfeit goods?
  • Sale of counterfeit goods online
  • Risks
  • Where do online sales of counterfeits take place?
  • Enforcement strategies for online sales
  • eBay and other monitored market places
  • Independent websites
  • Promotional activities
  • Criminal offences

Sale of counterfeit goods online

IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began 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?

Online shopping offers unprecedented choice for consumers and easy access to a global market place. However, while the majority of e-commerce sales are legitimate, the internet offers an attractive distribution channel for counterfeiters who find the low-risk environment appealing.

What are counterfeit goods?

Counterfeiters make replicas of branded products (complete with trade marks) in order to mislead consumers into thinking that the products originate from the legitimate brand owner. The production and sale of counterfeit goods therefore constitute an act of trade mark infringement under section 10 of the Trade Marks Act 1994 (TMA

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