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Journal article

Panoptic brand protection? Algorithmic ascendancy in online marketplaces

Abstract:
Leading online marketplaces including Amazon, eBay, and the Alibaba group, have embraced proactive automated content recognition (ACR) filters, to detect counterfeits that infringe trade mark rights. However, there has been a recent shift from explainable, rules-based filters to more opaque, machine-learning-powered technology. This paper analyses whether the new EU Digital Services Act (DSA) can bring greater transparency and accountability to this model of algorithmic trade mark enforcement.
Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
St Hilda's College
Role:
Author
ORCID:
0000-0002-3924-2416
Publisher:
Sweet and Maxwell
Journal:
European Intellectual Property Review More from this journal
Volume:
46
Issue:
7
Pages:
448-460
Publication date:
2024-06-03
Acceptance date:
2024-04-22
ISSN:
0142-0461
Language:
English
Keywords:
Pubs id:
1998574
Local pid:
pubs:1998574
Deposit date:
2024-06-28

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