Counterfeiting in the European Union: A Less Visible but More Sophisticated Phenomenon

Author
Elzaburu
Date
December 25, 2025

The illicit trade in counterfeit goods has evolved into a global, technologically advanced network capable of adapting rapidly to changes in the market and consumer behavior. The report by the European Union Intellectual Property Office (EUIPO) confirms this trend with data that highlights a growing threat to innovation, consumer safety, and economic activity as a whole.

Lower Volume, Higher Economic Value: The Structural Shift in Counterfeiting

According to the latest analysis by the EUIPO, more than 112 million counterfeit items were seized in 2024, with an estimated value exceeding 3,800 million euros—the highest figure to date. Although the total number of seized products fell by 26%, the economic value of the goods rose by 11%, indicating a shift toward more complex and higher-value counterfeits.

This shift in pattern can be explained by criminal networks’ growing focus on mid- to high-priced products that consumers trust (such as software, cosmetics, watches, and electronic devices). They are prioritizing the most profitable segments and moving away from the traditional mass-market approach.

The Unexpected Rise of Software and Physical Media

One of the most striking findings in the report is that recorded CDs and DVDs (including software, video games, and applications) lead the list as the category most frequently seized in the domestic market, accounting for 40% of all seizures. This uptick is not due to a resurgence in physical media driven by nostalgia, but rather to demand generated by retro gaming and by users who prefer offline installations for professional software.

The associated risk is significant: many of these copies contain malware, unauthorized remote access, or critical vulnerabilities, which can compromise the cybersecurity of users and businesses. In an environment where cybercrime is growing exponentially, installing pirated software leaves the door open to targeted attacks or data theft.

Toys, Fashion, and Cosmetics: Direct Risks to Health and Safety

After counterfeit software, the most common categories are toys (19%), clothing and accessories (12%), cigarettes and e-cigarettes (4%), and perfumes and cosmetics (3%)—categories that pose a clear risk to consumer health.

Counterfeit perfumes, cosmetics, and tobacco products bypass all health inspections and may contain harmful substances, while defective toys or chargers can cause physical harm.

As a result, these products not only infringe on intellectual property rights but also pose a direct threat to consumers, who are often unaware of the illegal origin of the items they purchase.

The Global Map of Counterfeiting: Routes and New Logistics Hubs

Most of the counterfeit goods seized in the EU come from China (44%), followed by Turkey (22%). For the first time, the United Arab Emirates (6%) has emerged as a key player in the illicit trade flow, establishing itself as an emerging logistics hub.

As for shipping methods, maritime transport remains the dominant mode, but the main operational challenge lies in postal and express courier shipments, driven by the boom in e-commerce and the circulation of millions of small packages that are difficult to track individually.

Spain: A Strategic Hub in the Fight Against Counterfeiting

Spain continues to play a central role in the seizure of illicit goods, with nearly three million additional items seized compared to 2023, valued at 576 million euros. Its geographic location and the activity at its ports and logistics centers account for both the scale of the flow and the effectiveness of national enforcement efforts.

Institutional Cooperation and Technology: Key Factors

The report highlights improvements in administrative and law enforcement cooperation, as well as the increasingly advanced use of technological tools, including artificial intelligence for predictive analytics.

In this regard, the Enforcement Portal (IPEP) handled more than 6,500 alerts in 2024 and facilitated joint actions with Europol through operations such as Fake Star II, Shield, and Opson. As a result, more than 81% of the proceedings resulted in the destruction of the seized products.

Thus, the report highlights the need for genuine—not merely formal—cooperation, which involves sharing technical information (among companies, customs authorities, and law enforcement agencies), strengthening operational training, and expediting seizure procedures to keep pace with highly technologically advanced criminal networks.

The Role of the Consumer: An Essential Preventive Measure

The fight against counterfeiting cannot be limited to customs agencies and courts. Raising public awareness is essential to reducing demand. Educating consumers about the economic and ethical impacts, as well as the personal risks to health and safety, is a crucial line of defense, especially among young people and in educational settings.

At Elzaburu, we closely monitor developments in the illicit market and their implications for industrial property rights. Our team continuously analyzes regulatory, technological, and operational changes to provide our clients with thorough, up-to-date advice tailored to the real challenges of anti-piracy and the protection of intangible assets.

Alberto Gallo, an associate attorney at Elzaburu specializing in anti-piracy.