Intellectual property infringement in an e-commerce platform: analysis of the responsibility of the sales portal

Case “Iglesia Mesiánica Mundial Sekai Kyusei Kyo en la Argentina c/Mercado Libre S.A. y otros s/Propiedad Intelectual 11.723”

Abstract

One of the most controversial points in relation to the legal consequences derived from the role of intermediaries exercised by digital platforms is found in determining the scope of their responsibility. In Argentina, in the event of an infringement of intellectual property produced within the scope of the platform, it is assumed that there is no specific regulation on the responsibility of the latter. As a result of the aforementioned ruling, the CNCivil had in its hands a new opportunity to pronounce itself on the matter – this time, due to an infringement of intellectual property within Mercado Libre – and, specifically, the emergence of the question of whether it should respond for the publication and/or marketing of a plagiarized book on its online sales site. Thus, attentive to the circumstances of the case and making a realistic assessment of the concrete possibilities of knowing the wrongful act in advance by Mercado Libre, the Chamber considered that the most equitable thing was to judge its responsibility through the application of the "subjective" doctrine and , due to the fact that a priori knowledge of plagiarism had not been invoked or accredited in the judicial process, consequently, it decided not to file the lawsuit against the renowned platform.