Pravo.ru: When Platform Is Liable for Counterfeit Goods on Marketplace
According to Pravo.ru, the Constitutional Court has reviewed a complaint in a case involving the sale of counterfeit goods on a marketplace. The justices ruled that a platform may be recognised as an information intermediary even if it assists sellers in promoting their products. However, intermediary status does not provide immunity from liability. Lawyers believe that the Constitutional Court has raised the bar for marketplace diligence, requiring platforms to respond promptly to rights holders' claims and block infringing product listings.
According to lawyers, the Constitutional Court sought to balance the interests of all parties, and the conclusions it has formulated will help resolve some of the existing issues.
Ilya Kulakov, FBK Legal lawyer:
The approach proposed by the Constitutional Court will prove effective in combating obvious counterfeiting, such as in cases of abnormally low prices, imitation of well-known brands, or repeat violations. However, in more complex IP disputes, the mechanism is less effective, since marketplaces are objectively constrained in their ability to assess evidence and cannot fully resolve a legal dispute between participants.
The Court's position fits naturally within the new regulatory framework for the platform economy, which comes into force on 1 October. The justices have proactively set a standard of conduct for platform operators: technical neutrality no longer relieves them of the obligation to implement compliance, filtering, and internal complaint review mechanisms. In other words, they must assume the function of an arbitrator.
