A new report by an expert group under the EUIPO provides an overview of how online advertising is misused for IP-infringing activities and presents various solutions to address the problem.
The report shows that the complexity of the online advertising ecosystem enables IP infringers to exploit the system in several ways, including promoting IP-infringing goods and services through deceptive ads, monetising pirate websites with advertisements from unsuspecting brands, and spreading malicious advertising that can lead to fraud, phishing, and malware. The misuse is becoming increasingly sophisticated through techniques such as URL obfuscation, brand impersonation and fake profiles, domain rotation, and other types of ad fraud.
The report concludes that this complexity makes it more difficult for rights holders and authorities to detect and document illicit ads. The same website can display different ads depending on a user's profile, location, time, and device, making monitoring both time-consuming and technically challenging.
The report also points to a series of measures already in use to mitigate the problem. These include requirements in terms and policies prohibiting infringing ads and allowing for content rejection or account suspension, as well as different account and ad review processes and reporting mechanisms. The report notes that some platforms provide rights holders with tools to upload images and logos, enabling easier tracking of infringing ads. It also mentions various cooperation initiatives across the sector.
The full report can be found on the EUIPO website.