The Digital Services Act: A valuable tool for IP enforcement
The Digital Services Act (DSA), which entered into force on 16 November 2022, has effected a significant overhaul of the regulatory regime governing online services in the EU. By imposing stricter obligations on online platforms and intermediaries, the DSA aims to address the challenges posed by the growth of the digital economy, specifically in relation to illegal and harmful content. Recent decisions by the European Commission to fine Temu and AliExpress for breaching their risk assessment obligations under the DSA highlight the growing burden placed on digital platforms to reduce the risk of illegal content online, and the Commission's scrutiny of such assessments under the legislative framework. With dupe culture on the rise and counterfeit goods increasingly accessible globally, this article examines the DSA and its value as an enforcement tool for IP rights holders.