Globalisation has brought new business opportunities to industry, but also new threats, such as exposing supply chains to fraud, attack and disruption. As a result, the production and distribution of counterfeit goods has become an urgent and increasingly critical global issue. According to a study by the Organisation for Economic Cooperation and Development (OECD) and the EUIPO on trends in illicit trade (2021), the volume of international trade in counterfeit and pirated products amounted up to 2.5 % of global trade in 2019, and imports of such products accounted for up to 5.8 % of EU imports that year, or around EUR 119 billion.
Correspondingly, in a study conducted in 2022, the most common reason given by SMEs for registering IP rights was to prevent copying. Counterfeiting significantly increases the risk of an SME being forced out of the market by making further operations unprofitable, leading to closure or even bankruptcy. The damage caused by IP crime affects company profits, tax revenues and can endanger the public, as in the case of counterfeit medicines or toys for children.
Companies both large and small can consider maximising their protection against counterfeiting by taking advantage of the many technical solutions available to protect ownership rights and supply chains. It is therefore increasingly important for businesses to understand the full range of tools at their disposal. However, the market for anti-counterfeiting and anti-piracy technologies is large and complex. Technologies are evolving rapidly and information about them is not easily accessible.
That is where the Anti-Counterfeiting and anti-piracy technology guide comes in. It aims to cover all the main types of anti-counterfeiting and anti-piracy technology currently on the market, providing a clear definition of each, a description of their main characteristics and an at-a-glance list of practical implementation requirements.
Aimed at traders and businesses of all sizes, it guides them through the main types of anti-counterfeiting and anti-piracy technologies, including electronic identification or tracking devices, how to place markers on products or packaging, and other chemical, physical, mechanical and digital content recognition tools. It should therefore be an invaluable guide for experts and those exploring market opportunities for the first time.
The ACAPT Guide was first published in 2021 in PDF format. From 2024, the EUIPO will make it available as a web tool to improve its functionality and user-friendliness and to ensure regular updates.
Acknowledgements
This ACAPT Guide was prepared by the European Observatory on Infringements of Intellectual Property Rights on the basis of the research and documentation provided by the Italian Patent and Trade Mark Office, and with the support of contributions from members of the Observatory Anti-Counterfeiting Technologies Expert Group (EGACT), the Observatory Impact of Technology Expert Group, and guest experts from the European Observatory on Infringements of Intellectual Property Rights.
The EGACT produced the first version of the ACAPT Guide that explained the existing anti-counterfeiting technologies (knowledge base). The Observatory adapted that document into the present Guide for SMEs and general users. The Expert Group on the Impact of Technologies collaborated in the validation of some of the technologies.
The Observatory is grateful for the valuable support given by all the experts involved in reviewing this Guide.
Disclaimer
The views expressed in this guide do not represent the official position of the European Union Intellectual Property Office (EUIPO). It should be noted that none of the views expressed in this Guide can be attributed to all members of the expert groups, the expert groups as a whole, or to any single contributing expert.
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