The European Commission has just published its biennial Report on the Protection and Enforcement of Intellectual Property Rights in Third Countries, to which ECTA contributed during the 2024 public consultation. The report identifies third countries where IPR deficiencies have the greatest economic impact on EU interests. China remains the top priority country, followed closely by India and Türkiye as second priority countries. Argentina, Brazil, Ecuador, Indonesia, Nigeria and Thailand are third priority countries.

Published alongside the report, the updated Counterfeit and Piracy Watch List outlines key trends and highlights websites and marketplaces reported of distributing counterfeit goods and pirated content.

Both documents will support ongoing cooperation with EU trading partners and guide IPR dialogues, working groups, and technical cooperation programmes. They also aim to help EU rights holders - especially SMEs - by raising awareness of IPR risks abroad.

The EUIPO and Europol have published the updated 2024 situation report on misleading payment request fraud targeting IP right owners. The report highlights a significant increase in fraudulent activity, with scammers using email spoofing, phishing, and fake IP office certificates and logos to demand average payments of EUR 1,500 - resulting in estimated yearly profits of over EUR 26 million. Criminals are also exploiting technology, including AI, to expand these activities.

The EUIPO, which continues for more than a decade to actively monitor and combat this matter through its Anti-Scam Network, urges users to verify the authenticity of the communication before taking any action. If a payment request includes a bank account that is different from the two EUIPO bank accounts held in Spain (Caixa Bank ES03 2100 2353 0107 0000 0888 and Santander ES08 0049 6659 0121 1622 4792), it does not originate from the EUIPO.

To find the updated 2024 situation report, please click here.

------

ECTA takes an active role in the fight against this type of fraud. To learn more about ECTA Anti-Scam Activities and also to report any such activity to ECTA, please visit our ECTA Anti-Scam Activities page.

The EUIPO has just published a new study "The Development of Generative Artificial Intelligence from a Copyright Perspective", developed in collaboration with the European Commission. The study examines how Generative Artificial Intelligence (GenAI) systems - relying on existing content to create new material - challenge traditional copyright protection.

In particular, the study explores:

• The use of copyright-protected works for training GenAI models;
• Legal implications of AI-generated content;
• Impact on creators, AI developers, and the copyright ecosystem.

The study also reviews the current EU legal framework on GenAI - including the Copyright in the Single Market Directive and the EU Artificial Intelligence Act - and addresses opt-out mechanisms, licensing agreements, transparency, detectability, potential revenue streams for creators, and ongoing legal disputes related to GenAI and IP.

To read the executive brief please click here. To read the full study, please click here.

The ECTA AI and Data Committee, with the support of other Committees, is closely following AI developments and their implications across various IPRs.

We wish to inform ECTA members that, following the 5th Boards of Appeal User Focus Group meeting - where ECTA continues to actively contribute - three new BoA case-law research reports have just been published:

• Descriptiveness of names of colours
• Similarity between pharmaceuticals and cosmetics
• Component parts of complex products (Article 4(2) and (3) EUDR)

These reports aim to identify case-law trends, foster a common understanding of key legal issues and support a consistent application of the law. They also serve as a basis for discussions of Common Practices between the EUIPO, IP Offices, and User Associations, contributing to harmonising practices and standards across jurisdictions.

ECTA members are encouraged to consult these and other valuable resources on the EUIPO dedicated webpage on BoA case-law research reports.