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18 ERA F. 1 (2017-2018)

handle is hein.journals/erafrum18 and id is 1 raw text is: 

ERA Forum (2017) 18:1-6
DOI 10.1007/s12027-017-0464-5                                            CossMark
|  IP 1 R   E      ..|



Achievements in civil intellectual property enforcement
and   recent   initiatives  within   the  Digital   Single   Market
Strategy on the regulatory environment for platforms
and   online   intermediaries


Florence Hartmann-Vareilles1

                                                                      E7 RA
                                                                   EUROPA CHE RECHTEAKADEMEM
                                                                   ACADEMY OF EUROPEANo LAW!
Published online: 22 June 2017
© ERA 2017                                                             -TrE.f-





1  Illicit trade in pirated and counterfeit  goods  in the European Union:
   a major  global  challenge  for the economy

Since the adoption and the implementation of an EU legal framework less than fifteen
years ago in order to tackle the infringement of intellectual property rights through
civil and customs measures, illicit trade in pirated and counterfeit goods has remained
a major global challenge.1
   Such practices have negative impacts on the turnover of affected firms, causing
damage  to their reputation and generating high monitoring and enforcement costs.
The phenomenon   is aggravated by the fact that copyright pirates and counterfeiters
are two or three steps ahead of law enforcers, and are getting extremely sophisti-
cated in their infringement techniques. The high costs and complexity of litigation
often dissuade smaller companies from  enforcing their intellectual property rights.
The  worldwide  reach of the internet, the facility to use online payments and the
anonymity  gained through operating via the internet are all factors which facilitate
counterfeit sales of goods and services online. This is accentuated all the more by
the existence of a certain level of tolerance, a lack of awareness or even sometimes

1For an evaluation of the costs associated with intellectual property infringements, see the range of publica-
tions prepared by the European observatory on infringements of intellectual property rights at https://euipo.
europa.eu/ohimportal/en/web/observatory/observatory-publications.

[   E Hartmann-Vareilles
    thartmann @era.int
1   Head of Section, Business Law Section, Academy of European Law (ERA), Metzer Alle 4,
    54295 Trier, Germany


'_ Springer