Observatory publications

This report on monitoring and analysing social media in relation to IPR infringement brings together the findings of research carried out by the European Union Intellectual Property Office (EUIPO) thr ...More This report on monitoring and analysing social media in relation to IPR infringement brings together the findings of research carried out by the European Union Intellectual Property Office (EUIPO) through the European Observatory on the Infringement of Intellectual Property Rights (Observatory). Is intended to assess and investigate the main characteristics, relevance, trends and impact of the use of social media as a promotion and/or distribution channel of counterfeit products and/or pirated digital content. It investigates and quantifies the role that certain social media platforms play in sharing, marketing, selling, promoting and/or advertising IP infringing goods, works, materials and/or services....Less

Tags: counterfeiting - ip rights - infringements

The domain name system is indispensable to the functioning of the internet, with the number of domain names now exceeding 375 million globally. Domain names also play a central role in a number of IP- ...More The domain name system is indispensable to the functioning of the internet, with the number of domain names now exceeding 375 million globally. Domain names also play a central role in a number of IP-infringing online business models that have damaging effects on consumers, IP owners and the entire domain name ecosystem. But what are the good practices that undermine this form of domain name abuse, and what is their potential to be extended or replicated? With a view to address these questions, this discussion paper describes the life cycle of domain names and the respective roles of registrars and registries. It explores the good practices that some registrars and registries are developing at the different stages of this life cycle, which can contribute to prevent the misuse of domain names in IP-infringing activities. Finally, it looks into the opportunities and challenges to extend or replicate each of the good practices identified, taking into consideration that registrars and registries of all sizes have different economic and technical resources. This paper will hopefully contribute to the discussions on ways to undermine the abuse of domain names in IP-infringing activities....Less

Tags: internet - ip rights - website - best practices

The report takes an in-depth look at the legislative measures available for judicial cooperation in civil, administrative and criminal cases of IP infringement and presents a number of examples of suc ...More The report takes an in-depth look at the legislative measures available for judicial cooperation in civil, administrative and criminal cases of IP infringement and presents a number of examples of successful applications of the legislative measures. The aim is to provide a practical, problem-oriented description of the legal measures available for judicial cooperation within the EU and internationally for the benefit of right holders, law enforcement agencies, judiciary and policy makers. The background to the study is the rapid evolvement of the online environment in which IP infringers are using anonymity technologies, the Darknet and the borderless nature of the internet to avoid detection, enforcement action and sanctioning. Therefore, combating online IP infringement increasingly requires cooperation and an exchange of expertise, information and evidence among judiciary, regulators and agencies....Less

Tags: organised crime - enforcement - infringements - lawyers - police - police

The report provides an overview of static and dynamic blocking injunctions available for rights holders in the EU and the Member States studied who wish to effectively combat online piracy and protect ...More The report provides an overview of static and dynamic blocking injunctions available for rights holders in the EU and the Member States studied who wish to effectively combat online piracy and protect their rights. The remedies available include website-blocking injunctions effected through Domain Name System (DNS) blocking, Internet Protocol (IP) address blocking, or Uniform Resource Locator (URL) filtering and can be an effective means of preventing the continuation of IPR infringement. The report has been prepared by the EUIPO in cooperation with the Centre for International Intellectual Property Studies (CEIPI) (main authors: Giancarlo Frosio, Oleksandr Bulayenko), University of Strasbourg, as well as in collaboration with the Observatory´s Legal expert group....Less

Tags: enforcement - ip rights - infringements

The Observatory, on the basis of the research and documentation provided by the Italian Patent and Trade Mark Office, and with the support of members of the Anti-Counterfeiting Technologies Expert Gro ...More The Observatory, on the basis of the research and documentation provided by the Italian Patent and Trade Mark Office, and with the support of members of the Anti-Counterfeiting Technologies Expert Group (EGACT), and the Impact of Technology Expert Group has developed an Anti-Counterfeiting Technology Guide (ACT Guide). The document is intended for all traders and business – including small and medium-sized enterprises (SME) – that are interested in learning more and implementing anti-counterfeiting solutions as well as building an anti-counterfeiting strategy. The ACT Guide provides a comprehensive overview of the solutions currently on the market and sets the groundwork for users to build an all-round anti-counterfeiting strategy based on their particular business needs. The guide is presented in five categories (electronic, marking, chemical and physical, mechanical and technologies for digital media), and also include information on complementary technologies and ISO standards that can be applied alongside anti-counterfeiting technologies....Less

Tags: piracy - business - counterfeiting - technology