by The U.S. Department of Homeland Security’s Office of Strategy, Policy, and Plans

The rapid growth of e-commerce has revolutionized the way goods are bought and sold, allowing for counterfeit and pirated goods to flood our borders and penetrate our communities and homes. Illicit goods trafficked to American consumers by e-commerce platforms and online third-party marketplaces threaten public health and safety, as well as national security. This illicit activity impacts American innovation and erodes the competitiveness of U.S. manufacturers and workers.

“Combating Trafficking in Counterfeit and Pirated Goods,” was prepared by the U.S. Department of Homeland Security’s Office of Strategy, Policy, and Plans. The report uses available data, substantial public input, and other information to develop a deeper understanding of how e-commerce platforms, online third-party marketplaces, and other third-party intermediaries facilitate the importation and sale of massive amounts of counterfeit and pirated goods. The report identifies appropriate administrative, statutory, regulatory, and other actions, including enhanced enforcement measures, modernization of legal and liability frameworks, and best practices for private sector stakeholders. These strong actions can be implemented swiftly to substantially reduce trafficking in counterfeit and pirated goods while promoting a safer America.

American consumers shopping on e-commerce platforms and online third-party marketplaces now face a significant risk of purchasing counterfeit or pirated goods. To build upon existing efforts to combat the flow of counterfeit goods, DHS – in consultation with the U.S. Department of Justice, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement – produced a series of proposals, which are found in “Stopping Counterfeit Trafficking on E-Commerce Platforms Through Fines and Civil Penalties,” to equip the U.S. Government with a strong framework of authorities to more easily conduct enforcement in the e-commerce environment and combat the flow of illicit goods entering the United States. These proposals range from improving information sharing and allowing summary forfeiture of IPR-infringing goods, to allowing the U.S. Government to seek injunctive relief and adapting fines to the e-commerce environment.

Washington, DC: U.S. Department of Homeland Security , 2020. 84p.

By Daniel C.K. Chow 

The proliferation of counterfeits for sale on e-commerce sites has created new and more dangerous challenges to brand owners than counterfeits sold through brick and mortar establishments. Most brand owners are currently focusing their efforts on simplifying and streamlining Notice and Takedown (“NTD”) procedures set up by ecommerce platforms to remove illegal listings. The shortcomings of these efforts are that NTDs do not directly reach the counterfeiter who remains free to conduct its illegal activities with impunity and that NTDs do not prevent delisted counterfeiters from reappearing in short order under a new fictitious name and identity. Brand owners should seek to induce China to rigorously enforce its recently enacted Electronic Commerce Law (“ECL”), which was designed by China’s lawmakers to create a “choke point” that excludes counterfeiters and other unscrupulous merchants from gaining access to online accounts. The ECL requires multiple layers of government review and approval that were designed so that they can be satisfied only by legitimate and economically viable business entities. To date, e-commerce sites in China do not strictly comply with the ECL, and U.S.-based ecommerce sites do not require any compliance whatsoever with the ECL. Rigorous enforcement of the ECL should result in preventing counterfeiters from gaining access to e-commerce sites based in China and the United States and should lead to a decrease in sales of counterfeits on the internet. 

Ohio State Legal Studies Research Paper No. 676. 52 Seton Hall Law Review 1053 (2022)

Edited by Jacob Copeman and Giovanni da Col

Fakes, forgery, counterfeits, hoaxes, frauds, knock-offs—such terms speak, ostensibly, to the inverse of truth or the obverse of authenticity and sincerity. Do all cultures equally spend an incredible amount of energy and labor on detecting differences between the phony and the genuine? What does the modern human obsession with fabrications and frauds tell us about ourselves? And what can anthropology tell us about this obsession? This timely book is the product of the first Annual Debate of Anthropological Keywords, a collaborative project between Hau, the American Ethnological Society, and L’Homme, held each year at the American Anthropological Association meetings. The aim of the debate is to reflect critically on keywords and terms that play a pivotal and timely role in discussions of different cultures and societies, and of the relations between them. This volume brings together leading thinkers to interrogate the concept of fake cross-culturally, including insightful contributions by Jacob Copeman, Giovanni da Col, Veena Das, John Jackson Jr., Graham Jones, Carlo Severi, Neil Thin, and Alexei Yurchak.

Chicago: Hau Books (Distributed the University of Chicago Press), 2018. 142p.