The survey aimed to gain wider knowledge about one of the emerging trends in IP infringements, which frequently links with locally organised illegal activities.

The results of the survey have been published in a "Survey on Counterfeit Labels and Packaging Materials - Analysis and Results", which provides information on affected products, key detention places and routes, Customs procedures and modus operandi of this new trend that is currently affecting all product sectors.

Survey conclusions

The survey concludes that counterfeit labels and packaging are a serious problem facing the EU, in line with the statistics of seizures at the EU's external border. It highlights the existence of domestic activities within the EU in a structured supply chain, where counterfeit labels are attached to fake products that are either imported into or produced within the EU. There are also cases of counterfeit labels being shipped together with unbranded products in the same shipment. Among the other conclusions are:

• Almost all commodity sectors are affected by this modus operandi, with textile and footwear among the items detained most often.
• As regards types of packaging, labels are the most counterfeited, as they are the first and most immediate means of product identification.
• China and Hong Kong were reported by respondents as the most important countries of origin, with different entry points into the EU.
• Most cases are reported as border seizures, but this is partially due to most respondents being customs authorities.
• Rights holders report a higher number of cases internally. This might be the result of effective brand protection and corporate investigations in the markets.
• Although the survey does not provide sufficient data for a proper assessment of the number of items detained per mode of transport, fake packaging material is frequently shipped via postal services and express couriers. Huge numbers of small consignments make it hard for the LEAs to implement effective countermeasures.
• Local activities are identified when investigations are carried out to follow up on a detention.
• With storage and product manufacture as the most commonly identified local activities, cases reported by both LEAs and rights holders provide indications of assembling and distributing within the EU. This illustrates, yet again, the organised nature of the criminals active in IP crime.here.

Observatory discussion paper

The Observatory has also published a discussion paper on IP infringement and enforcement, which can be downloaded here.

One task of the European Observatory is the development of tools and the promotion of best practices to enhance the protection of intellectual property rights. In 2019, an Impact of Technology Expert Group was established, not only to support the work of the Observatory on emerging and breakthrough technologies, but also to identify new technologies that have the potential to have an impact on the protection, infringement and enforcement of intellectual property.

This "IP Infringement and Enforcement Tech Watch" has resulted in the identification and analysis of six technologies (robotics, 3D printing, nanotechnology, artificial intelligence, augmented reality, blockchain) that have proven to be observable.

The results can be found in the first "Intellectual Property Infringement and Enforcement Tech Watch Discussion Paper" published by the EUIPO. The ACPT recommends reading this interesting paper.

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