Evolving Liability of E- Commerce Platforms for Counterfeit Goods

ABSTRACT
As we know, E-commerce platforms work as mediators between customers and sellers. They handle work from product display to customer services. They facilitate negotiation to resolve disputes between customer and seller. In this paper we are going to understand the liability of E-commerce platforms for the sale of counterfeit goods. The primary focus is on counterfeit goods, e-commerce platforms, India’s legislative and judicial development along with work of the European Union and United States.
Legal framework under Trademarks act, Information Technology act (IT act), Consumer Protection (E-Commerce) Rules and other provisions related to it and thoroughly examine the conditional immunity of Safe harbour (sec 79 IT act 2000). We will also discuss key legal doctrines - intermediary liability, contributory infringement, and due diligence obligations, Vicarious Liability and other principles.
This research paper follows the doctrinal and comparative methodology to study on topic. Through case laws we will get to know how the laws work and the approach of courts evolve regarding accountability of e- commerce platforms. In the end we know why we need to balance liability standards to protect consumers while sustaining digital innovation.