The Benefits of the Digital Services Act in the Fight Against Counterfeiting

AuthorEleonora Rosati


Dr Eleonora Rosati is Full Professor of Intellectual Property Law and Director of the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University. She is also Of Counsel at Bird & Bird and holds visiting/guest professorships at Católica in Lisbon and CEIPI in Strasbourg. Eleonora has been the recipient of accolades and prizes for her work in the IP field: in 2018, Managing Intellectual Property included her among the '50 Most Influential People in IP'; in 2020, World Intellectual Property Review listed her among its 'Influential Women in IP'; in 2022, she received the Adepi Award 2022 for her contribution to shaping the interpretation of IP law in Europe.


The Digital Services Act, a comprehensive legislative initiative aimed at regulating online platforms and services, holds significant potential for establishing a horizontal legal framework. This framework would encompass a range of legal provisions and measures specifically designed to combat the proliferation of illegal content on the internet. It recognizes the need to strike a balance between protecting intellectual property rights and ensuring freedom of expression and innovation in the digital sphere.

One crucial aspect explored in this e-presentation is the liability of intermediaries concerning intellectual property infringement. Intermediaries, such as online platforms and service providers, play a pivotal role in facilitating the dissemination of content online. Consequently, they bear a certain degree of responsibility for monitoring and addressing potential violations of intellectual property rights that occur within their digital ecosystems.

Moreover, the e-presentation emphasizes that the DSA should not be viewed in isolation but as part of a wider intellectual property enforcement ecosystem. This ecosystem includes existing legal instruments and frameworks that address intellectual property rights infringement, such as copyright laws, trademark laws, and international agreements. By considering the DSA within this broader context, we can identify potential synergies and areas of overlap with other legal instruments, enabling a more comprehensive...

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