Open AccessLegal policy of the European Union against counterfeiting in the conditions of Digital Single Market
Author(s) -
Шугуров Марк Владимирович
Publication year - 2021
Publication title -
meždunarodnoe pravo
Language(s) - English
Resource type - Journals
ISSN - 2644-5514
DOI - 10.25136/2644-5514.2021.4.36846
Subject(s) - counterfeit , legislature , intellectual property , european union , business , stakeholder , public relations , law and economics , marketing , political science , economics , law , international trade
The subject of this research is the legal policy of the European Union against counterfeiting in the conditions of functioning of the Digital Single Market. The goal is to determine the content and patterns of development of this policy from the perspective of combining traditional and innovative measures and initiatives aimed at prevention of trafficking of counterfeit goods in the digital environment. Special attention is given to the analysis of the key factors of formation formation of this policy, taking into account the implementation of the Strategy of the Digital Single Market. The author analyzes the dynamics of application of the organizational-legal mechanisms for combating counterfeiting, and the multi-stakeholder approach that lies beneath them. Separate section of the article is dedicated to establishment of the principles of using voluntary measures on prevention and suppression of the trafficking of counterfeit goods in the digital environment. The conclusion is made that the theoretical provisions indicating that the EU anti-counterfeit policy is aimed the development of supranational block of legal instruments related to the sphere of intellectual property law and customs regulation, and represents a system of comprehensive actions, each of which is implemented depending on the thematic agenda reflecting the strategic intentions for action. The author’s special contribution lies in determination of the patterns of transition towards the regime of responsibility of online platforms that allow posting the offers of counterfeit products. The novelty of this article consists in demonstrating the effective combination of non-legislative and legislative measures used on the supranational level for protecting intellectual property in the conditions of the development of digital environment.