European Commission Adopts Toolbox to Combat Counterfeiting

The European Commission has adopted a toolbox to combat counterfeiting and help brands enforce their intellectual property rights. The toolkit builds on the Commission’s 2020 Intellectual Property Action Plan to enhance IP enforcement and the 2022 Digital Services Act.

The goals of the toolbox are to foster collaboration between rights holders, service providers, and law enforcement, and encourage best practices, including using modern tools and technologies. The toolkit also offers special recommendations for small and medium-sized enterprises (SMEs).

Toolkit Features
Key recommendations include:

• Single contact: designating a key point for IP enforcement matters and extending the use of tools such as the IP Enforcement Portal
• Memorandum of Understanding: Encouraging signatories to the Memorandum of Understanding on the sale of online counterfeit goods to seek ‘trusted flagger status’ under the Digital Services Act to be given priority when submitting notices of illegal content
• Adapting procedures to combat counterfeiting: addressing issues like mirror websites with dynamic injunctions, optimizing information sharing in court proceedings, and ensuring appropriate compensation for damages
• Promoting alternative dispute resolution (ADR): promoting ADR as a cost-effective and efficient option for IP disputes, particularly for cross-border disputes and SMEs
• Increase penalties: Maximum sanctions on serious criminal IP offences
• Empower market surveillance authorities to further detect and combat counterfeiting.
• Counterfeit products disposal: More cost-effective and ecological storage/disposal practices
• AI and virtual worlds: using blockchain for supply chain traceability and content recognition systems to detect counterfeiting and pirated goods
• Training: Integrating IP content in national training and education curricula for law enforcement

Resources for SMEs
Recognizing SMEs are particularly vulnerable in this landscape than larger companies, there are a number of specific recommendations:

• New “IP scan enforcement voucher” service: reimburses the costs incurred by SMEs seeking experts’ advice on enforcement and protection
• A Cybertheft Prevention Toolkit: Provides awareness-raising materials and trainings
• AI checklist: guidance on how SMEs can use AI without compromising their intangible assets

For more information, view the fact sheet.

For questions about counterfeiting protection and best practices, email info@gibney.com.