Online IP Protection – The next logical step for Online Brand Protection

Online Brand Protection (OBP) has become necessary for any organisation with a digital presence, but why should companies limit online protection to just their brand? 

Drawing on their expertise in intellectual property and digital brand protection, Magnus Ljungdahl (Chief Commercial Officer) and Karin Kärvling Søholt (Chief Marketing Officer) from Zacco explore why Online IP Protection is the natural next step beyond traditional Online Brand Protection. 

OBP has seen extensive growth in recent years and continues to be an effective tool for identifying and removing infringing content, but it is limited due to the sheer volume of content available online. Counterfeit listings, impersonation accounts and brand abuse can appear faster than systems can respond, with automated AI tools creating false positives, and many online platforms have their own rules and policies for content removal, all of which can further slow the process.

Traditional forms of OBP have relied heavily on trademarks for successful enforcement but broadening your scope of protection allows your organisation to strengthen market and territorial presence on multiple fronts. Incorporating other forms of IP, such as patents, designs and copyrights, can support your current enforcement efforts by providing alternative routes to force the removal of infringing products or content.

Online IP Protection (OIPP) builds on traditional OBP, making use of all forms of intellectual property, with each right playing its own integral part.

Granted patents will discourage a competitor from copying your products but many platforms also offer specific IP complaint programmes, such as Amazon's Patent Evaluation Express (APEX) program, which often represents a ‘fast-track’ route to removal. Other platforms such as AliBaba or Ebay will also be more likely to remove an infringing item if the takedown request is supported by patent rights but using a patent attorney to draft the complaint is recommended, as they will be able to understand and demonstrate the infringement. It’s also worth noting that successful removal can also lead to a seller’s account being frozen, and even blocked, thereby disrupting any further attempts to sell infringing goods. 

Design rights can be used to protect any distinguishing characteristic, but they are also easier to recognise than a complex patent might be for a platform agent or customs and border guard seeking to stop counterfeit sales and imports. Design rights can also be used to protect ‘non-physical’ forms including digital multimedia, which can be particularly useful for the removal of infringing static and moving visuals.

Copyrights can be used to remove content in so called ‘passing off’ cases, when a legitimate picture is used by a counterfeiter to advertise infringing goods or services, or to create a misleading association with a known brand. This may also be a more efficient route to removal than the more rigorous requirements necessary to demonstrate trademark or patent infringement. Copyrights can also form the legal basis for issuing a takedown notice under the Digital Millennium Copyright Act. Finally, software code will also most likely be protected by copyright, and with the rise of AI and software patents, this is an area that will probably see used more prominently within enforcement over the next few years.

Online IP Protection can help you focus on more than simply removing infringing products or content, it can strengthen your wider IP strategy and help you make more effective use of your IP budget or even identify new revenue streams. Monitoring of multiple IP rights can provide a wealth of data for analysis, providing actionable insight on counterfeit hotspots and market demand. For example, learning that infringements are prominent in Korea but non-existent in Japan would suggest it would make financial sense to strengthen rights and enforcement in Korea and save money by reducing enforcements efforts in Japan. Similarly, a growing number of infringements in Peru, where you might not have any distribution presence, might highlight a growing demand for genuine products, representing a potential new market in a gap that is currently being filled by counterfeiters.

OIPP represents the next logical step for successful monitoring and enforcement online. Each type of IP right or IP adjacent asset, such as domains or trade secrets, have benefits and weaknesses, but together they become a stronghold around your portfolio. A successful IP strategy already recognises that digital assets are borderless, with threats and opportunities emerging from anywhere across the globe. Making use of each of your IP rights and assets ensures that you can mitigate as many risks to your portfolio as possible while ensuring that you’re ready to identify and take advantage of new opportunities as they develop.

If you want to explore the benefits of an OIPP based solution and discuss if it would be appropriate for your portfolio, then reach out to Magnus Ljungdahl (CCO), or another of Zacco´s Digital Brand Experts, who would be happy to talk you through what you need to know. You are also welcome to visit our booth or to join Magnus and Karin’s (CMO) keynote speech on the subject during the first day of IP Service World 2025.