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SMU Science and Technology Law Review

Abstract

An immense supply chain pipeline constantly funnels millions of counterfeit goods from Alibaba’s e-commerce sites in China to third party sellers who sell these goods on Amazon to U.S. consumers. Amazon has acknowledged that it has a problem with counterfeits on its e-commerce sites, but its current responses to counterfeiting are primarily performative and intended to pacify disgruntled brand owners and frustrated consumers. Amazon’s responses will likely have little or no effect on counterfeits on its websites. This Article sets forth a direct and straightforward method for shutting down or seriously disrupting this pipeline based on using China’s existing laws. This method involves using verification methods required by China’s laws to ensure that only lawful and legitimate businesses, not counterfeiters, can open online accounts on Alibaba and other Chinese e-commerce platforms. Unless these steps are taken, counterfeits sold on Amazon and other e-commerce platforms will likely continue to plague brand owners, consumers, and the general public in the United States for the foreseeable future.

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Digital Object Identifier (DOI)

https://doi.org/10.25172/smustlr.28.1.2