Selective justice in the European Union: criminalising supply, ignoring demand in the counterfeit goods market

Abstract This study explores the criminal law protection of industrial property in Hungarian and European contexts, showing how trademark holders’ interests often override legality and proportionality in counterfeiting cases. It argues that counterfeiting involves consumer complicity and that purchasing fake goods constitutes money laundering under EU law—despite the appeal of symbolic consumption. The money laundering aspect remains overlooked, with buyers rarely prosecuted. As a result, criminal law addresses only part of the problem, undermining the coherence of the legal system.

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Publication Details

Journal
ERA Forum
Published
2025-11-03
DOI
https://doi.org/10.1007/s12027-025-00859-3
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
0.00

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article

Selective justice in the European Union: criminalising supply, ignoring demand in the counterfeit goods market

Krisztina Karsai
ERA Forum
European and International Contract Law
article

Selective justice in the European Union: criminalising supply, ignoring demand in the counterfeit goods market

Krisztina Karsai
article en

Abstract

Abstract This study explores the criminal law protection of industrial property in Hungarian and European contexts, showing how trademark holders’ interests often override legality and proportionality in counterfeiting cases. It argues that counterfeiting involves consumer complicity and that purchasing fake goods constitutes money laundering under EU law—despite the appeal of symbolic consumption. The money laundering aspect remains overlooked, with buyers rarely prosecuted. As a result, criminal law addresses only part of the problem, undermining the coherence of the legal system.

ERA ForumVol. 26(4)
University of Szeged (HU)
Szegedi Tudományegyetem
Openalex Percentile: Top 52%
European and International Contract Law
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