EUIPO: Challenges and good practices to prevent the use of apps and app stores for IP infringement activities

The number and use of applications or ‘apps’ has grown rapidly over the past 15 years, as they are now a major channel for users to access content and a diversity of services from e-commerce to banking. The use of apps moved beyond mobile devices to all connected devices, such as television displays and smart watches.

Apps are typically distributed through app stores, particularly from the two major operating systems, although specific stores developed by device manufacturers and other third parties provide other ways for users to search for and download them. Sometimes apps can also be downloaded and installed outside app stores, like any other type of software.

Although the increased use of apps and app stores has brought about benefits for consumers and businesses, it has also led to their misuse for illegal and fraudulent activities, including intellectual property (IP)-infringing activities.

In 2016, the Observatory on Infringements of Intellectual Property Rights , launched a series of studies on business models infringing intellectual property (IP). This report is the 6th edition in the series and focuses on the criminal threats to IP related to applications (‘apps’).

The four main infringing business models (IBM) detected and analysed are: infringement of copyright-protected digital content, marketing of IP-infringing physical goods, infringement for malicious and fraudulent purposes, and trade secret theft.

Nine important emerging trends were identified as particularly relevant to app-related IP crime, incl. the misuse of cryptocurrencies. To address the challenges of IP enforcement in apps, nine enforcement and investigative measures were highlighted, incl. financial investigations. To strengthen law enforcement investigations, six law enforcement investigative strategies were identified, incl. the follow the money strategy.

For more details please read the report.

Source
EUIPO
Image
Ocko Geserick, Pexels

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