Sale of Counterfeit Products through Marketplaces in the Republic of Kazakhstan: Regulatory Gaps and International Experience

Abstract

In the context of rapid growth in e-commerce, marketplaces are becoming key platforms for the sale of goods, including counterfeit products. In the Republic of Kazakhstan, the issue of selling counterfeit goods through online platforms is escalating due to insufficient legal mechanisms and the limited liability of the marketplaces themselves. This article analyzes the current state of e-commerce regulation in Republic of Kazakhstan, focusing on the fight against counterfeiting. The study identifies key legislative gaps, including the absence of a clear definition of marketplace liability for hosted content and the limited powers of regulatory authorities. To develop effective countermeasures, international experience is examined, particularly the legal approaches of the European Union, the United States, and China. The analysis covers instruments such as the "active platform principle," content pre-moderation mechanisms, mandatory cooperation with rights holders, and the use of digital technologies for tracking product origin. Based on the results of the study, recommendations are proposed for improving national legislation and implementing a comprehensive approach to combating counterfeit products in digital commerce.