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Reinforcing Online Brand Protection: Navigating the European NIS 2 Directive by Nathalie Dreyfus & Milena Dreyfus


Don’t Need Billions! A Cheaper and More Expeditious Way to Enforce US Copyrights By Michele Katz

Reinforcing Online Brand Protection: Navigating the European NIS 2 Directive by Nathalie Dreyfus & Milena Dreyfus: The ever-evolving landscape of the Internet has made the protection of trademarks online a paramount concern for businesses and legal professionals. Recent developments in the European Union's regulatory framework, particularly the Directive (EU) 2022/2555 on cybersecurity measures (NIS 2 Directive), present both challenges and opportunities for online brand enforcement. This article, written by Nathalie Dreyfus and Milena Dreyfus of Dreyfus Paris, provides a comprehensive overview of these developments and offers strategic approaches for navigating the new regulatory environment.


The surge in phishing attacks since May 2020 has highlighted the need for enhanced vigilance and proactive trademark protection measures. Reports show a significant increase in the sophistication and volume of these attacks, with 85% of phishing-related domain names reported within their first year of registration. This underscores the necessity for constant online monitoring to protect trademarks effectively.

The NIS 2 Directive, which entered into force in January 2023, aims to ensure a high level of cybersecurity across the European Union. It introduces stricter security requirements and incident reporting obligations for a broader range of entities, including digital service providers, registries, and domain name resellers. This expansion underscores the EU's commitment to bolstering cyber resilience within its digital single market. Nathalie Dreyfus & Milena Dreyfus


Don’t Need Billions! A Cheaper and More Expeditious Way to Enforce US Copyrights By Michele Katz

Under the NIS 2 Directive, essential and important entities are required to take comprehensive technical, operational, and organizational measures to manage security risks. This includes detailed incident reporting processes, emphasizing the need for robust cybersecurity risk management. The directive also mandates the verification of domain name registration data, which is crucial for trademark owners to combat online fraud.


Article 28 of the NIS 2 Directive mandates that top-level domain name registries and registration service providers implement verification policies to ensure accurate database information. This provision aims to make domain name registration data publicly accessible, thereby facilitating the identification and direct action against fraudsters. This increased transparency is expected to significantly impact online brand enforcement strategies.



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The NIS 2 Directive represents a significant evolution in the EU's approach to cybersecurity and online brand protection. While it introduces new challenges, it also offers trademark owners the opportunity to strengthen their defenses against online fraud.


By adopting a proactive and comprehensive approach to compliance and monitoring, businesses can effectively navigate this complex regulatory landscape and safeguard their digital presence.

Please read The Full Article By Nathalie Dreyfus & Milena Dreyfus in Our Latest Edition of The Global IP Matix Magazine

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