Counterfeiters are constantly improving and evolving. In some cases, they can be highly sophisticated and well-organized operations. With the pandemic, their business grew even faster and more widespread than ever before. Counterfeiters have become harder to find as they operate through larger webs. For example, a single organization might operate through dozens of different online sellers, located in various countries. Also, they use other methods to disguise the size of the operation and diversify risks, such as for example small consignments. So even if some of these are located or seized, the impact to the organization is minimal and brands are not too keen on taking action in all cases due to the high costs of the actions and the little gain obtained.

In Spain, most of both public and private organizations play crucial roles in the realm of IP and, in particular, regarding brand protection, in different ways. These include, among other, the registration and protection of IP rights, enforcement procedures against infringement, and offering educational seminars and training programs. These institutions work collaboratively to ensure strong defence mechanisms for IP, providing comprehensive support to rights holders and fostering an environment that promotes innovation and fair competition.

Question: [Are there any laws or prospective laws relating to the use or effect of AI?] In March 2024, the European Union passed the Artificial Intelligence Act. This Act has already entered into force and is applicable in Spain, although a gradual adoption of its provisions is foreseen. The Act regulates AI systems based on the risks that AI could pose to the fundamental rights of citizens. To do so, it analyzes their functions and purposes. The Act establishes four levels of risk: (i) minimal risk; (ii) high risk: before being marketed, they will be subject to a conformity assessment; (iii) inadmissible risk: those that violate fundamental rights and, consequently, are prohibited (for example, an AI that performs emotion recognition in the workplace or educational institution, for no justifiable reason); and (iv) specific risk for transparency: when there is a risk of manipulation, specific obligations are imposed (for example, users must be aware that they are interacting with a conversational robot). Fines are also envisaged for those AI systems that do not comply with the requirements of the Act.