The International IP Enforcement Summit 2025, held in Athens, laid the groundwork for significant advancements in intellectual property protection across the EU. One of the most important follow-up themes to emerge is the need to better address online forms of IP infringement, particularly on social media platforms. This conversation is increasingly relevant in light of the Digital Services Act (DSA), which now provides a stronger legal framework for tackling illegal content online, including deceptive or unregulated services that mimic legitimate professions.
Expanding the scope of IP enforcement: beyond traditional goods
One of the key messages at the summit was that IP enforcement must no longer focus solely on traditional counterfeit goods or physical products. Digital and service-based counterfeiting, especially through social networks, is a growing concern. A striking example raised during the event is the phenomenon dubbed “dental without deontology.”
This trend involves the promotion of invasive cosmetic dental procedures by unlicensed individuals – so-called “veneer techs” – on platforms like Instagram and TikTok. These individuals offer medical-like services without professional accreditation or compliance with healthcare regulations. While not a textbook case of counterfeiting, the practice mirrors the core issues of IP infringement:
- It falsifies a professional service, imitating acts that are legally protected.
- It creates confusion between legitimate providers (licensed dentists) and unauthorised imitators, harming both consumers and the professional reputation of certified practitioners.
The case highlights how social platforms have become vectors for deceptive, unregulated practices that blur the line between imitation and infringement. While the 2025 IP Enforcement Summit marked a milestone in EU cooperation, particularly through new tools like the IPEP mobile app and blockchain-based Authentic View platform, the next frontier is ensuring that online platforms become active participants in safeguarding IP and public trust.
To achieve this, there is a strong need for enhanced coordination between authorities, platforms, and professional.
How the Digital Services Act (DSA) can help
The DSA, which came into full effect in 2024, offers several mechanisms that can be leveraged to combat such deceptive practices:
1. Notice and action systems
Under the DSA, both users and public authorities have the right to report illegal content, including unlicensed medical advertisements. Platforms are legally obliged to act quickly and transparently in response.
2. Obligations for very large online platforms (VLOPs)
Social media giants like Instagram, TikTok, and YouTube are designated as VLOPs and must:
- Conduct risk assessments regarding the dissemination of illegal or harmful content
- Undergo independent audits
- Take proactive measures to prevent the spread of content that violates IP laws or endangers public health
3. Coordinated oversight and enforcement
The European Commission, together with national regulators, is responsible for enforcing DSA rules. This includes ensuring that platforms play their role in protecting IP rights and user safety.
Complementary EU initiatives
Several EU efforts work alongside the DSA to reinforce IP protection:
- IPR Memorandum of Understanding (MoU): A collaboration between the EU, platforms, and advertisers to reduce the visibility of illegal goods and services, including unlicensed health-related promotions.
- EUIPO-Europol Report (October 2024): This joint study showed that social media and e-commerce platforms facilitate the spread of counterfeit goods, many of which pose health risks. It emphasised the need for stricter oversight and better enforcement collaboration.
Article by Diana Cretu. If you’d like to discuss the contents of this article or enquire about our IP services, please email us via this link.