Europol-EUIPO analysis: Uncovering the Ecosystem of Intellectual Property Crime

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Europol and the European Union Intellectual Property Office (EUIPO) define Intellectual property (IP) crime as the theft, infringement, and unauthorized use of IP such as copyrights, designs, trademarks, patents, and geographical indications of origin, and crimes related to trade secrets.

As defined by EUIPO and Europol, IP crimes include counterfeiting—producing goods falsely bearing genuine trademarks—and piracy: the unauthorized copying, use, reproduction, and distribution of materials protected by intellectual property rights.  Recorded CDs and DVDs were among the most common items seized in enforcement operations.

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This joint strategic analysis report details the criminal processes behind IP crime, examining factors enabling it and its connection to other organised crime. It also highlights the harmful effects on EU businesses and consumers.

Key findings

The research leading to this report found that intellectual property (IP) crime remains a consistent threat to the EU due to its scale, demand and impact, and functions as a complex ecosystem in which criminal and abused legal aspects are intertwined.

How the IP criminal process is enabled, and enables other crimes. Source: Uncovering the Ecosystem of Intellectual Property Crime. EUIPO and Europol, 2024

The threat of digital piracy

The report describes that digital piracy is one of the main manifestations of distributed cyber-enabled crime – a lucrative business entailing the unauthorised reproduction and distribution of copyrighted digital content (i.e. films, music, e-books, software, etc.), through file sharing platforms, torrent networks, and dark web marketplaces. This includes the illegal streaming of internet protocol television (IPTV) content, which has become increasingly popular, especially during major sporting events

Criminal networks involved in IP crime have continued to evolve, with new technologies. Despire the rise of social media, social influencers and online commerce, which have increased consumer appetites for IP-infringing goods or content; consumers continue to have low awareness of risks.

The report is a deliverable in the EMPACT Operational Action Plan to tackle Intellectual Property Crime, Counterfeiting of Goods and Currencies. EMPACT stands for the European Multidisciplinary Platform Against Criminal Threats.

Further reading

Uncovering the Ecosystem of Intellectual Property Crime.  Report. Updated October 16, 2024. Catalogue number: TB-01-24-002-EN-N ISBN: 978-92-9156-365-4 DOI:10.2814/1947113 © European Union Intellectual Property Office, 2024

Why it matters

The report points out that the ecosystem of IP crime is intricate, with actors that are often active outside the EU.  Information on some enablers of IP crime, and on IP crime as an enabler, is often partial or unavailable – increasing the challenge.

Understanding the enablers of IP crime is essential to combatting this threat effectively. By identifying the technologies, networks, and systems that facilitate these illicit activities, we can develop strategies to prevent IP crime and dismantle the criminal processes behind it. This report offers a detailed examination of the enablers of IP crime and the various methods that criminals employ to evade detection and enforcement.

EUIPO and Europol deem it crucial to adopt a multi-faceted approach in addressing the future threats posed by intellectual property crime. This requires fostering collaboration between law enforcement, policymakers, the private sector, and the public. Intelligence sharing, especially on evolving enablers, must become a cornerstone of our enforcement efforts.

Only by working together, can we safeguard innovation, protect consumers, and maintain the integrity of our economies and societies.

 

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