EUIPO tackles misuse of online ads that mislead consumers, promote infringing activities

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A January 2026 paper by the European Union Intellectual Property Office (EUIPO) identifies trends and challenges associated with the use of online ads to promote the sale of counterfeits online and as a source of financing for piracy services.

The paper shows that legitimate brands are used illegally in online ads to deceive users and support fraudulent activities. In that context, the report investigates good practices from relevant actors to address such misuses of online ads, which do not only harm rights holders, but also consumers.

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The paper also analyzes the misuse of online ads to infringe IP or support IP-infringing activities, the challenges this raises, and most importantly, the good practices to address such misuse. The aim is to provide a better understanding of the different actors and their respective roles in the ad ecosystem, and how they can address the misuse of the ecosystem.

In addition, the EUIPO has recently published the study Online Advertising on IPR-Infringing Websites and Apps 2024 This study is commissioned by the EUIPO to White Bullet to assess the impact of the European Commission’s Memorandum of Understanding on online advertising and IPR by estimating advertising volumes and revenues on IPR-infringing websites and apps, including a comparison with previous analyses from 2023 (Q4), 2021, 2020 and 2019.

Why it matters

Advertising plays a central role in the modern economy as the primary means for most businesses to promote their products and services. It has undergone significant development in recent years, particularly through the introduction and expansion of online advertising. This paper explains how this growth has attracted illegal and fraudulent actors who misuse the ad ecosystem for their own purposes, including IP-infringing activities.

Further reading

Online Advertising: Challenges and good practices to prevent the use of online advertisement for IP infringement activities. Landing page with link to Report. January 16, 2026. European Union Intellectual Property Office (EUIPO)

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