Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

The Concept and Foundations of Civil Liability of Online Platforms as Intermediaries for the Offering of Counterfeit Goods and Services: A Comparative Study of Iranian Law with Reference to Court Decisions in the United States Europe Canada and India

Articles in Press

Document Type : scientific research paper

Authors
Ali Ghanati 1
Taher Habibzadeh 2
Mohammad Rezaei Jowzani 1
1 Master's student in private law, Faculty of Law, Imam Sadeq University, Tehran, Iran.
2 Assistant Professor, Department of Private and Islamic Law, Faculty of Law, Imam Sadeq University, Tehran, Iran
10.22034/law.2025.2059369.1643
Abstract
In today's world, e-commerce and the widespread use of virtual platforms have become one of the most significant economic and commercial tools. This digital transformation, while facilitating the buying and selling process, reducing transaction costs, and expanding market access, has created valuable opportunities for economic actors and consumers. However, the rapid growth of this sector has also brought challenges, one of the most critical being the proliferation of counterfeit goods and services offered through virtual platforms. This issue not only risks violating the rights of consumers and other stakeholders but also undermines public trust in these platforms, ultimately harming the legitimate economy. Given that digital platforms play a pivotal role in online transactions, the question of the scope and basis of their liability regarding the sale of counterfeit goods and services has become a fundamental issue in contemporary law. This article, adopting a comparative approach and employing an analytical-descriptive method, examines the civil liability of virtual platforms for the sale of counterfeit goods and services within the framework of the legal system of the Islamic Republic of Iran, with references to judicial decisions from the United States, the European Union, Canada, and India. The analysis relies on jurisprudential foundations, general legal principles, a comparative study of international legal systems, and an examination of relevant judicial rulings, aiming to provide a clear picture of the legal status of platforms concerning consumers. Furthermore, by identifying existing legal gaps in Iran’s legal system, the article proposes suggestions for reforming and strengthening regulatory and legal frameworks. The study also explores the legal obligations and responsibilities of virtual platforms and offers recommendations for improving and reinforcing supervisory and legal structures. This research seeks to provide effective and practical solutions to address the issue of counterfeit goods and services in the virtual space, ultimately contributing to enhancing public trust and protecting consumer rights in this modern platform.
Keywords
Platform
Counterfeit Goods
Fraudulent Services
Civil Liability
Cyberspace

Subjects

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Journal of Research and Development in Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 16 September 2025