International Briefing (MIP) Aug 2016: Proactive Actions Against Infringers

On July 22 2016 the much-anticipated report on the business models behind online infringements of IP rights was published by the EUIPO.

In short, the report purports to map out inter alia the functioning and financing of the numerous business models applied, as well as the profitability and the various rights they infringe.

In general terms the report concludes that the various platforms used by the infringers are becoming more professional, using the available marketing tools found in well-known search engines, as well as providing fast and easy payment.

Below we will provide some examples of how the authorities in Denmark, to some extent, have begun participating proactively in the fight against online infringements of IP rights.

Actions against infringers

Owners of IP rights are often left to fend for themselves when facing an online infringement. This is for natural reasons a lengthy and sometimes costly undertaking.

However, from a Scandinavian perspective this seems to have changed in the past few years.

Earlier this year the Swedish Court of Appeal rendered a decision entailing the transfer of the Swedish Piratebay website to the government.

In Denmark, during early 2016, the District Court in Copenhagen rendered several rulings where in total 423 websites selling counterfeit goods were seized.

The rulings were made pursuant to a request by a Special Prosecutor (SØIK) in Copenhagen, who had investigated and prepared the case without close involvement of the rights holders.

It is hopefully a portent of changing fortunes in the fight against online infringers that the public hand is taking on a more active role in the clamp down on illicit activities.

The article was first published in Managing IP on 24 August 2016.