EUIPO: Legislative Measures Related to Intellectual Property Infringements

Release Time：2024-08-15 17:00Author：Views：345

Recently, EUIPO has published a study analyzing the legislation applied in each EU Member State to combat intellectual property crimes. Although there are several international minimum standards, national laws governing criminal infringements of intellectual property vary considerably, not only internationally but also between EU countries. These differences in national legislative frameworks are sometimes exploited by criminals and, in the worst cases, are an obstacle to effective investigations, prosecutions and the imposition of proportionate and dissuasive sanctions.

Main findings

n The study analyses eight fictitious but realistic scenarios involving serious and organized crime covering the production and marketing of counterfeit products, the online piracy of copyright-protected digital content, IP-related fraud, and the theft of trade secrets.

n The study focusses on six criminal offences relevant to the scenarios, namely trade mark counterfeiting, copyright piracy, trade secret theft, fraud, unauthorized access to a computer system (hacking), and money laundering.

n The study primarily covers the 27 EU Member States, but it also has examples from third countries.

n The focus of the study is the most severe sanction available for the crimes identified, including whether the crimes are considered serious (i.e., has a maximum sanction of four or more years of imprisonment) under national legislation.

More details see the website attached below.

1. https://www.oepm.es/es/detalle-noticia/Medidas-legislativas-relacionadas-con-infracciones-de-Propiedad-Industrial-e-Intelectual/

2. https://www.euipo.europa.eu/en/publications/legislative-measures-related-to-intellectual-property-infringements-phase-3

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