Acta academica karviniensia 2016, 16(4):23-31 | DOI: 10.25142/aak.2016.029

JUDICIAL PRACTICES IN SELECTED STATES IN CASES OF LEGAL LIABILITY OF AUCTION PORTALS FOR COUNTERFEIT GOODS

Tomáš Gongol

Slezská univerzita, Obchodně podnikatelská fakulta, Univerzitní nám. 1934/3,73340 Karviná, Email:gongol@opf.slu.cz

The problem with verification of origin of goods in the online environment has resulted in an increase of the sale of counterfeit goods and general abuse of Trademarks. The following article deals with the question of legal liability of Internet auction portals, which have become a distribution and sales point of counterfeit goods. With regard to the topic of the article, which falls within the scope of the rarely codified are of the operation of law on the Internet there are particularly compared approaches both European and North American judicial practice. Courts on the both continents have repeatedly solved the problems of Internet portals as information society service providers. The subject of particular interest is globally active auction site eBay, which has been the subject of many disputes worldwide.

Keywords: counterfeit goods, internet regulation, online auction, Trademark

JEL classification: K24

Received: October 28, 2016; Accepted: November 30, 2016; Published: December 30, 2016  Show citation