Is this the end of misleading advertisements?

On 25 June the Union of the Online Industry Employers IAB Poland joined the international association of online advertising and intellectual property rights (MoU). The issue of obtaining benefits from advertising displayed alongside illegal content has been creating a great deal of controversy for many years, especially where the appearance of commercials of well-known brands is intended as a legitimising measure for portals operating in breach of intellectual property rights.

What is IAB Poland and what does it do?

IAB Poland is the Union of the Online Industry Employers, which has 230 members being the largest internet portals, advertising chains, media houses, interactive agencies and advertisers. The union operates on the Polish market since 2007, while the initiative itself began to take shape in 2000. The mission of IAB is to support the activities of market participants on the interactive communication market and popularise the internet by undertaking activities in the area of promotion, research and education, as well as attempts to provide legal protection, which was the purpose of joining the abovementioned association. IAB Poland is the fourth largest IAB in the world in terms of the number of members. In 2012 the union received the MIXX Award Europe for the best IAB in Europe.

Memorandum of Understanding on Online Advertising and Intellectual Property Rights

The Memorandum of Understanding on Online Advertising and Intellectual Property Rights  is an international understanding concerning online advertising and intellectual property rights which was signed on the 25th of June. The preamble of the document states that its purpose is to address the problem of advertisements appearing on websites and in mobile applications which infringe upon intellectual property rights and create among consumers a false presumption that their contents provide access to legally available contents, goods or services. Its intention is to support and supplement initiatives against breaches of intellectual property rights or competition law in the Member States. Signatories of the MoU are organisations representing entities involved in displaying, buying and selling advertisements. The signatories’ objective is to minimise the number of advertising placed on websites and mobile applications which breach copyright or disseminate counterfeit products on a commercial scale. These objectives are to be achieved by means of the internal regulations of the organisation, which, pursuant to the understanding, adopt a quasi control and review approach. For a period of 12 months the signatories prepare reports (evaluations) and perform analyses related to the introduced changes, and undertake to provide the European Commission with relevant information on request, respond to questions and participate in consultations, and to discuss the above evaluations and reports on signatory meetings.

The understanding comes into force one month after the day of signing, that is on 26 July 2018.

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