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Counterfeit goods represent an estimated 5.8 percent of EU imports, equivalent to approximately €119 billion annually, according to the European Union Intellectual Property Office (EUIPO). For fashion and branded goods, intellectual property is not peripheral. It is the core asset.
As the EU implements Digital Product Passports under the Ecodesign for Sustainable Products Regulation (ESPR), a structured product identity system is being introduced across the Single Market.
Beyond transparency and circularity, this infrastructure can support brand authentication and intellectual property protection.
Intellectual Property and Product Identity
The Chamber of Commerce of Irpinia Sannio highlights that the Digital Product Passport can serve as a tool to help identify and counter activities that infringe intellectual property rights. The European Commission’s Directorate-General for the Internal Market (DG GROW) has also recognised the DPP as a useful instrument for economic operators and customs authorities in product tracking and verification.
This reflects a broader policy direction: stronger digital tools to reinforce enforcement and cooperation across borders.
DPP as Structured Authentication Infrastructure
Under ESPR, a Digital Product Passport links a product to a unique identifier and to structured product-level information accessible through a data carrier such as a QR code.
This creates a digital identity layer.
From an intellectual property perspective, this has three implications.
1. Verifiable Origin
Each product is linked to structured manufacturer information and compliance data. Authentication no longer relies solely on labels, packaging, or printed documentation.
Verification becomes data-driven.
2. Traceable Product History
The European Commission defines DPP as a tool to improve access to reliable product information across the lifecycle.
Traceability strengthens IP protection because inconsistencies between physical products and declared data become easier to identify. This supports both rightsholders and authorities in detecting irregularities.
3. Alignment with EU Enforcement Strategy
In its 2024 Recommendation on combating counterfeiting and enhancing intellectual property enforcement, the European Commission emphasises the importance of digital tools and improved information exchange.
While DPP is introduced under sustainability legislation, its interoperable, structured data model aligns with these enforcement objectives.
DPP does not replace anti-counterfeiting systems. It strengthens the information architecture that enforcement relies on.
Balancing Transparency and Confidentiality
A recurring concern among brand owners is the protection of commercially sensitive information.
The DPP framework anticipates differentiated access rights. Not all product information is publicly visible. Access depends on stakeholder role, allowing authorities to verify compliance while protecting proprietary details such as supplier contracts or trade secrets.
This balance is critical. Intellectual property protection requires transparency where necessary and restriction where appropriate.
From Compliance to Brand Protection
Digital Product Passports are mandatory infrastructure for most product groups under ESPR.
However, when implemented strategically, they also:
- Reinforce brand authentication
- Support cooperation with customs and surveillance authorities
- Strengthen consumer confidence through verifiable identity
- Reduce ambiguity in cross-border trade
In a Single Market built on free movement of goods, structured product identity becomes a competitive safeguard.
Explore DPP Insights with Renoon
Renoon supports brands in structuring product and supplier data into interoperable Digital Product Passports aligned with EU requirements.
If you want to understand how DPP can reinforce both compliance and intellectual property protection, book an intro call and start building your roadmap with us.
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