Counterfeit goods on e-commerce platforms: Time to tighten platform accountability

The proliferation of counterfeit goods on Vietnamese e-commerce platforms has reignited debate over the legal responsibilities of these online marketplaces.

A significant power imbalance persists between e-commerce platforms and consumers, particularly concerning the platforms' roles in verifying information and resolving disputes. The article questions whether online shops should be mandated to register their businesses with the Ministry of Industry and Trade.

Crucially, the piece emphasizes the need for platforms to rigorously verify the information of both sellers and their products. While many platforms are registered and display official verification marks, the core question remains: who is responsible for confirming the legitimacy of these shops if not the platforms themselves?

Legal frameworks governing e-commerce must prioritize the verification of seller information. Given the massive transaction volumes and advancements in data technology, basic registration details are no longer sufficient. Platforms should be legally obligated to verify the identity, business origins, and traceability of sellers, especially for high-risk product categories like cosmetics, functional foods, or high-value items.

Even though platforms do not directly produce or distribute goods, they control the trading environment and profit from the business activities. Therefore, they must be compelled to fulfill a minimum duty of oversight for goods circulating on their platforms. Data filtering technologies and random checks should transition from voluntary options to legal responsibilities.

The article suggests that platforms involved in the sale of counterfeit goods could be deemed complicit if they were aware or should have been aware of such activities but failed to implement adequate preventive measures. In such cases, their responsibility might extend beyond merely cooperating by providing information, potentially involving joint liability depending on specific legal grounds.