The internet is an important channel to communicate, learn, play, and sell. Whilst bringing numerous opportunities, it also brings some risks. Online infringement can be especially damaging as it allows for immediate dissemination of infringing content and goods amongst internet users worldwide.

Whilst online IP infringement can cover a wide range of scenarios, in this article we will focus on the use of online resources to market counterfeit or pirated goods.

Online trade mark infringement

This can include someone selling products or services without permission under a registered company name or brand that is not their own, selling fake goods, displaying a third party’s trade mark on a website or social media platform, using it as a keyword or in an ad text for digital advertising, or using it as a domain name.

Online design infringement

Design rights can be infringed, for instance, by illegally selling products incorporating the protected design or copying the layout of a website.

Online copyright infringement

This can include unlicensed publishing, posting, downloading or distribution of content such as films, music, photographs or software.

The protection of IP assets is crucial, especially in the online space. Companies with a strong online presence, selling products on online marketplaces or actively using social media channels, should be particularly aware of the challenges resulting from IP infringements taking place on the internet.

Useful link:

IP Enforcement Portal - Observatory (europa.eu)

Challenges and support measures for online IP protection

Online IP protection comes with two main challenges. First, IP is driven by the principle of territoriality, which means that the protection is awarded and can be enforced only in the jurisdiction for which the IP right has been registered or where the protection has been in another way obtained. In the same way internet users can access websites and content from anywhere in the world, infringers can operate from anywhere.

Second, enforcing IP rights infringed in the online environment in judicial proceedings can be challenging, often including cross-border action and the participation of different actors. This can raise doubts as regards the jurisdiction, the applicable law, and the distribution of liability. The process can also be costly and time-consuming. In addition, identifying the infringer can be complex.

To support IP owners, major digital providers such as search engines, social media platforms, and online marketplaces, have developed their own rules and policies aimed at preventing IP infringement. Depending on the platform, users can report infringements via dedicated forms, APIs, or via email. Usually, the claim should contain a specification of the infringed IP right and a brief description of the nature of the infringement. To successfully pursue a claim, the user should own valid IP rights in a relevant jurisdiction and be able to prove it (for example, in case of a trade mark registered with an IP office, to refer to the respective register).

The infringing content is usually deleted after the internet platform identifies the claim as valid. In serious or repeated cases, other sanctions can be applied depending on the platform’s policy, such as deletion or suspension of an account. For more information on procedures adopted by major EU e-commerce marketplaces, see: Protecting your IP rights on e-commerce marketplaces.

Although the above-mentioned procedures offer limited compensation, they are usually quick compared to the ‘traditional’ judicial methods. By taking action, you can minimise the impact of the infringement and prevent any additional violations.

In all cases, it’s always wiser to take preventative measures than to seek remedies. For this reason, consider taking the following measures to ensure your IP is protected on the internet:

• Identify your IP assets. See: What is IP?

• Develop an IP strategy and protect your valuable IP assets, including by registration with an IP office. As the registration processes and their requirements can be complex, it is always advisable to seek the advice of an IP expert. See: IP strategy creation

• Register a domain name containing your trade mark and monitor domain name registrations to detect infringements, such as cybersquatting (registering a domain name which is identical or confusingly similar to a registered trade mark or other IP rights).

• Monitor online platforms to identify any unauthorised use or other infringement of your IP. You can engage the services of companies, or experts specialised in IP monitoring.

• On your website, make sure you inform users whether the content published therein, such as articles or photographs, can be freely used, and if so, to what extent.

• Implement security measures to protect your website from malicious access and hacking attacks in order to protect any valuable information stored therein.

• Consider using digital watermarks and other digital rights management tools to protect your content protected by copyright. For more information, consult the EUIPO’s Anti-Counterfeiting Technology Guide.

Act now to protect your intellectual property online! In short:

1. Secure your digital assets;
2. Monitor for potential infringements;
3. Quickly report any violation of your IP rights.

Your online presence and reputation are worth your time and effort. Don’t let others profit from your innovation and hard work. Get IP protection today for the future of your business