Study on Approaches to Online Trademark Infringements

This study provides an overview of current approaches to online trademark infringements, focusing specifically on possible responses to online sales of counterfeits throughout the world. The study reviews the nature of the global problem of online counterfeits, the common approaches to voluntary measures and the “ratio” principles of intermediary responsibility, the issues of proportionate costs borne by brand owners and platforms, blocking injunctions and other remedies, jurisdiction, the international and cross-border enforcement of judgments, voluntary arbitration, criminal measures, administrative and customs measures, blacklisting and white-listing. The study also highlights the gaps in the legal measures used in the current online environment, and synthesizes common international approaches that have emerged to fulfill the need of uniform guidance to the present dilemma.