A closer look at counterfeit products / Tina R. Donahue, editor.

Format:

Book

Contributor:

Donahue, Tina R., editor.

Series:

Economic issues, problems and perspectives series.

Economic issues, problems and perspectives series

Language:

English

Subjects (All):

Consumer protection.

Product counterfeiting.

Physical Description:

1 online resource (180 pages)

Edition:

1st ed.

Place of Publication:

New York : Nova Science Publishers, [2022]

Summary:

Brand owners have been sounding the alarm about dangerous counterfeit products plaguing the internet for years. As consumers have moved online, counterfeiters have embraced the internet also. Their tools are becoming more sophisticated and their targeted products becoming more wide ranging as they dupe unwitting consumers into purchasing fakes. It is clear that the fight against dangerous fakes in e-commerce requires proactive measures by the platforms. SHOP SAFE takes an important step in ensuring that what consumers see online is what they will get as reported in chapter 1. Counterfeit goods infringe on IPR, and can harm the U.S. economy and threaten consumer safety. U.S. Customs and Border Protection (CPB), the U.S. agency tasked with enforcement against counterfeits at the border, has reported that the annual number of small packages sent to the U.S. since fiscal year 2013 more than doubled, and small packages seized often contain counterfeit goods. Chapter 2 examines: how elements of the EU and U.S. approaches to combating counterfeit goods in small packages compare, any enforcement challenges posed by these goods, and the extent to which CBP has taken steps to address these challenges. Chapters 3 and 4 examine counterfeit medications.

Contents:

Intro

Contents

Preface

Chapter 1

The Shop Safe Act: Stemming the Rising Tide of Unsafe Counterfeit Products Online(

Statement of Kari Kammel

Written Statement Submitted by Kari Kammel, Assistant Director, Center for Anti-Counterfeiting and Product Protection Michigan State University

1. The Center for Anti-Counterfeiting and Product Protection at Michigan State University

2. Problem of Trademark Counterfeiting on Online Marketplaces

3. Current State of Secondary Liability for Trademark Counterfeiting and Opportunity Structure

4. Law Disruptive Technology

5. SHOP SAFE Addresses Many Issues Regarding Secondary Liability

Some Suggestions for Improvement

Positive Parts of the Bill Include:

Suggestions to Strengthen the Bill:

Recommendations

Statement of Meredith Simpson

Meredith Simpson, Vice President, Federal Government Affairs and External Relations, Personal Care Products Council

Our Role in Strengthening Communities and the Economy

Our Commitment to Safety, Quality, and Innovation

Counterfeiting and Online Platforms

Consumer Health Risks from Counterfeit Cosmetics

Industry Efforts to Mitigate Counterfeit Products on E-Commerce Platforms

Advancing Responsible Solutions: SHOP SAFE Act

Statement of Jonathan Berroya

Written Testimony of Jonathan Berroya, Senior Vice President and General Counsel Internet Association

I. Counterfeiting Is Not Unique to the Internet

II. IA's Members Invest Millions of Dollars a Year to Combat Counterfeiting

A. Amazon

B. eBay

C. Etsy

D. Facebook

III. Brand Owners and Online Services Must Work Together to Appropriately Enforce Another Company's Trademarks

IV. Removing Protections for Online Service Providers Is Not the Solution to The Counterfeiting Problem

V. Unintended Issues with the Shop Safe Act

Conclusion.

Statement of Natasha N. Reed

Testimony of Natasha N. Reed Partner and Co-Chair, Trademark, Copyright &amp

Unfair Competition Practice Group, Foley Hoag LLP

I. The Growth of E-Commerce Marketplace Sales

II. Combatting Counterfeiting on Online Marketplaces - A Game of Whack-a- Mole

III. Litigation Challenges for Brand Owners

IV. The SHOP SAFE Act of 2021

Final Points

Appendix

President and CEO, Personal Care Products Council, on the Introduction of the SHOP SAFE Act of 2021

Written Statement of the Toy Association, The House Subcommittee on Courts, Intellectual Property and the Internet Hearing "The Shop Safe Act: Stemming the Rising Tide of Unsafe Counterfeit Products Online"

1. The Burden of Enforcement is Disproportionately Reactive and Placed on the Rights Holder

2. The Current Doctrine of Secondary Infringement Liability is Ineffective in Combatting the Sale of Counterfeit Goods in the E-Commerce Setting

3. The SHOP SAFE Act Provides a Practical Legal Framework for Secondary Liability in the E-Commerce Setting

Conclusion

Written Statement of the Transnational Alliance to Combat Illicit Trade Before the House Subcommittee on Courts, Intellectual Property and The Internet, "The Shop Safe Act: Stemming the Rising Tide of Unsafe Counterfeit Products Online"

Chapter 2

Intellectual Property: CBP Has Taken Steps to Combat Counterfeit Goods in Small Packages but Could Streamline Enforcement(

Abbreviations

Why GAO Did This Study

What GAO Recommends

What GAO Found

Background

Counterfeit Goods in E- Commerce

IPR Enforcement in the European Union

IPR Enforcement in the United States

Other Stakeholders in EU and U.S. IPR Enforcement.

Differences in EU and U.S. Approaches to Combating Counterfeit Goods in Small Packages Include Procedures, Time Frames, Cost Sharing, and Data Sharing

The European Union Uses a Streamlined Procedure to Destroy Suspected Counterfeits in Small Packages

CBP Is Required

to Conduct Seizure and Forfeiture for All Counterfeits

The EU Small Packages Procedure Uses a Condensed Time Frame

The U.S. Process Includes More Time for Parties to Respond

Rights Holders Can Be Billed for Storage and Destruction in the European Union But Are Not Subject to Cost Sharing Under

the U.S. Approach

EU Procedure Generally Gives Customs Authorities Discretion on Sharing Data with Rights Holders

U.S. Law Specifies Information CBP Provides to Rights Holders

EU and U.S. Customs Officials Reported They Face a High Volume of Small Packages and Lack of Data on Them

Customs Officials Reported Enforcement Challenges and Competing Priorities Due to Increased Volume of Small Packages

Customs Officials Reported Lack of Data on Small Packages Limits the Ability to Determine Risk

Although CBP Has Taken Steps to Address Reported Challenges, Its Primary Enforcement Processes Are Not Tailored to Combat Counterfeit Goods in Small Packages

CBP Conducted a Voluntary Abandonment Program Focused on

the High Volume of Small Packages, but Ended It Due to Concerns from Rights Holders

CBP Initiated an Effort to Seek Additional Data on Small Packages

CBP's Primary Enforcement Processes Are Not Tailored to Address Counterfeits in Small Packages

Conclusions

Recommendation for Executive Action

Agency Comments

Appendix I: Objectives, Scope, and Methodology

Appendix II: Intellectual Property Rights Enforcement Practices of Selected European Union Countries

France

Germany

The Netherlands

Appendix III: Comments from the Department.

of Homeland Security

Chapter 3

Counterfeit Controlled Prescription Drug Availability in Pennsylvania and Delaware(

Event

Significance

Details

Local Production

Foreign Production

Seizures

Overdoses

Outlook

Chapter 4

Counterfeit Pills: Fact Sheet(

Criminal Drug Networks Are Flooding the U.S. with Deadly Fake Pills

Counterfeit Pills Are Widely Available Across Every State in the Country

Counterfeit Pills Often Contain Fentanyl and Are More Lethal Than Ever Before

The Only Safe Medications Are Ones That Come from Licensed and Accredited Medical Professionals

Index

Blank Page.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Donahue, Tina R. A Closer Look at Counterfeit Products

ISBN:

9798886973280