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This solves comparatively better than increasing platform liability

Sujai Shivakumar, 2021 – former associate director of the Center for Data Innovation, focusing on the impact of data innovation in the retail sector. “How Data-Sharing Partnerships Can Thwart Counterfeits on Online Marketplaces” 3/3,

//DH

CBP = Customs and Border Patrol

CONCLUSION

The proliferation of counterfeits, including in online marketplaces, threatens the health and safety of American consumers and damages U.S. workers and firms by diverting earnings from the legitimate U.S. businesses whose IP is counterfeited.

Brand sellers, online marketplaces, and federal enforcement agencies are each increasing their own efforts to interdict and destroy counterfeit imports. While they are employing a series of defensive approaches to protect supply chains and stop the sale of counterfeits, these efforts are often siloed and uncoordinated.

Congress has also sought to address this problem through proposed legislation that would place the onus on online marketplaces to identity and remove counterfeit products. These proposals may instead foster risk avoidance by these e-commerce firms, ultimately narrowing consumer choice and inhibiting innovation.

A more proactive and systemic approach is needed to identify and disrupt counterfeiter networks. In this regard, a public-private partnership could provide the coordination needed among brand sellers, online marketplaces, and enforcement agencies to disrupt counterfeit networks by developing common standards for data collection and building a platform for advanced analytics and innovative solutions. Using the authority already found in the TFTEA. Congress should urge CBP to facilitate the timely operation of such a partnership.

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