AI’s Role in Protecting European Soft IP from Counterfeits


In recent times, Artificial Intelligence (AI) has emerged as a transformative force across various industries, including the field of intellectual property (IP) law, particularly in Europe where counterfeiting has become increasingly prevalent. The European Commission reported that counterfeit and pirated goods comprised nearly 6.8% of EU imports in 2020, amounting to over €121 billion. This rampant trade not only jeopardizes consumer safety but also infringes upon soft IP rights such as trademarks, copyrights, and design rights, imposing significant financial losses on creators and the economy at large. AI plays a crucial role in detecting and combating counterfeit products by employing machine learning algorithms and image recognition technologies. These advanced systems can analyze extensive datasets to identify inconsistencies indicative of counterfeit goods, scanning both online platforms and physical marketplaces with remarkable accuracy. For instance, AI can distinguish counterfeit luxury items by comparing them with verified originals, while also identifying unauthorized uses of copyrighted content. However, the integration of AI in IP enforcement raises several challenges, particularly regarding ownership and authorship of AI-generated works. As AI systems create new designs and products, questions arise regarding who holds the intellectual property rights—the developer of the AI, the user, or the AI itself. Furthermore, the international nature of counterfeiting complicates the enforcement of IP rights, as counterfeit goods often originate from multiple jurisdictions. Intellectual property attorneys are beginning to navigate these complexities, recognizing the potential of AI as a valuable tool for enhancing enforcement while advocating for legal frameworks that adapt to technological advancements. With continued collaboration among legal experts, technology developers, and policymakers, AI is poised to play a pivotal role in safeguarding European IP against counterfeit threats in the foreseeable future.



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Read the full article on the original webpage:  https://www.lawyer-monthly.com/2025/01/the-role-of-ai-in-combating-counterfeiting-a-new-era-for-european-soft-ip/
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