Lookup NU author(s): Dr Ben Farrand
This is the authors' accepted manuscript of an article that has been published in its final definitive form by Routledge, 2018.
For re-use rights please refer to the publisher's terms and conditions.
The purpose of this paper is to trace the development of the EU's policies regarding the combatting of counterfeiting and in particular the establishment of the European Observatory on Counterfeiting and Piracy (later renamed the European Observatory on Infringements of Intellectual Property Rights). This paper will demonstrate how ‘hard’ legal regimes for the management of online sales of counterfeit items have been significantly limited by the lack of effective data on the scale of the phenomenon, as well as the reluctance of Internet platforms to tackle online infringements. Through the empowerment of the Observatory and its transferal to the European agency the European Intellectual Property Office (EUIPO) however, the EU has managed to establish its position as a cyber-security actor able to tackle online infringements of intellectual property rights. Through research into and identification of best practices concerning the quantification of counterfeit sales, information collection and sharing, and in facilitating coordination and cooperation between networks of private and public sector actors, the Observatory has taken on a key role in establishing online networks for proactively countering the sale and distribution of counterfeit products online. In this way, the Commission's facilitation of a network governance model has led to the development of a more effective means of combatting the threat posed by physical goods that are distributed via digital means.
Author(s): Farrand B
Publication type: Article
Publication status: Published
Journal: European Politics and Society
Print publication date: 01/09/2018
Online publication date: 30/01/2018
Acceptance date: 20/10/2017
Date deposited: 04/04/2019
ISSN (print): 2374-5118
ISSN (electronic): 2374-5126
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