Advertising plays a central role in the modern economy as the primary means for most businesses to promote their products and services. It has undergone significant development in recent years, particularly through the introduction and expansion of online advertising. This paper explains how this growth has attracted illegal and fraudulent actors who misuse the ad ecosystem for their own purposes, including IP-infringing activities.

It identifies trends and challenges, with online ads being used to promote the sale of counterfeits online and as a source of financing for piracy services. It shows that legitimate brands are used illegally in online ads to deceive users and support fraudulent activities. In that context, the report investigates good practices from relevant actors to address such misuses of online ads, which do not only harm rights holders, but also consumers.

In addition, the EUIPO has recently published the study Online Advertising on IPR-Infringing Websites and Apps 2024 This study is commissioned by the EUIPO to White Bullet to assess the impact of the European Commission’s Memorandum of Understanding on online advertising and IPR by estimating advertising volumes and revenues on IPR-infringing websites and apps, including a comparison with previous analyses from 2023 (Q4), 2021, 2020 and 2019.

Source: https://www.euipo.europa.eu/en/news/tackling-the-misuse-of-online-ads-to-infringe-ip-support-ip-infringing-activities-and-mislead-consumers