The Observatory on Infringements of Intellectual Property Rights (the Observatory), launched in 2018 a series of studies on legislative measures regarding intellectual property (IP) enforcement. This study is the third edition in the series and focuses on IP crime legislation.
The study outlines the main principles behind criminal sanctions regimes concerning serious and organized IP crime offenses. The study contributes to the Observatory’s efforts to support the European Multidisciplinary Platform against Criminal Threats (EMPACT) platform, in which IP crime is a dedicated priority. It also contributes to implementing the European Commission Recommendation of 19 March 2024 on measures to combat counterfeiting and enhance the enforcement of IP rights.
The new 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.
The study primarily covers the 27 EU Member States, but it also has examples from third countries. 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.
Find the study here.