EU Commission recommends measures against counterfeiting and enforcement of industrial property rights

On March 19, the EU Commission adopted the Recommendation "EU Toolbox against counterfeiting". The Recommendation aims to enhance collaboration between right holders, service providers and law enforcement agencies, as well as to promote best practices and the use of modern tools and technologies. As suggestions, strategic initiatives and specific tools are offered to increase resilience and the ability of companies to better protect their intangible assets. It also aims to strengthen the enforcement of Intellectual Property Rights (IPR) and the fight against counterfeiting and piracy by intensifying the efforts of all actors involved as public authorities, right holders and intermediary service providers.

The Recommendation covers five specific areas:

1. More effective cooperation:

• Designate a single point of contact for IP enforcement issues and expand the use of tools such as the IPEP Portal.
• Seek trusted alerter status under the Digital Services Act.
• Information service providers must help prevent misuse of their services
• Increase the capacity of market surveillance authorities.

2. Increased enforcement of IP:

• Evaluate increasing the penalties applicable for serious IP offenses.
• Facilitate the exchange of information in judicial proceedings.
• Promote alternative dispute resolution, especially cross-border disputes.
• Develop faster and more environmentally friendly counterfeit storage and disposal systems.

3. Forward-looking IP protection:

• Leveraging AI to improve traceability and counterfeit detection 4.
• Assist SMEs in protecting their intangible assets.
• Establish a new dialogue between stakeholders on IP protection in the virtual environment.

4. Awareness:

• Member States will promote greater awareness to the general public and entrepreneurs 5.
• Include IP in national education and training curricula
• Businesses should inform themselves of the state of IP protection and enforcement in third countries with which they will trade.

5. Tools for SMEs:

• Make use of the new "IP compliance assurance certificate" service included in the SME Fund.
• Develop tools for the prevention of cyber theft.
• Provide guidance for using AI through a checklist.

Within three years the Commission will assess the effects of this Recommendation in order to decide on the need for additional measures beyond those proposed.

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