CYBERPOL, the Global Cyber Police Organization, has officially issued a formal notice to Instagram, demanding that the social media platform immediately remove all instances of infringing trademarks associated with CYBERPOL. The organization has given Instagram a deadline of three days to comply, under threat of legal action in accordance with international law, including the Budapest Convention on Cybercrime and European Union regulations. Failure to act will leave the organization with no choice but to pursue further legal avenues, including the potential takedown of infringing content and judicial enforcement.

Introduction: A High-Stakes Trademark Dispute in the Digital Age

The global landscape of intellectual property law has become increasingly complex as digital platforms continue to play an integral role in communication, commerce, and social interaction. As more businesses and organizations establish an online presence, protecting trademarks has never been more crucial. In recent developments, CYBERPOL – the Global Cyber Police Organization tasked with protecting the cyber domain from unlawful activities – has moved to address what it claims are serious infringements of its intellectual property on Instagram.

On December 30, 2024, CYBERPOL formally notified Instagram of its grievances, invoking a set of international laws and European regulations to demand immediate action. The organization has granted Instagram a strict deadline of three days to remove all content violating CYBERPOL’s trademarks. If the platform fails to comply, CYBERPOL has signaled its intention to escalate the matter, including pursuing a legal takedown of the infringing content.

This move comes in the wake of an increasing number of unauthorized uses of CYBERPOL’s registered trademarks, which are allegedly being used by third parties without permission on Instagram. The organization has firmly stated that Instagram, as a platform hosting this content, is legally obligated to remove the infringing material. Furthermore, CYBERPOL has made it clear that if Instagram fails to act within the stipulated timeline, the matter will be escalated to judicial authorities, possibly leading to further legal consequences.

CYBERPOL’s Authority Under the Budapest Convention and EU Laws

CYBERPOL, operating under the mandate of Royal Decree WL22/16.595, is an organization empowered to enforce international cyber law. The Royal Decree grants CYBERPOL authority to engage in legal matters relating to cybercrime and intellectual property violations across borders, including the removal of infringing content from online platforms. Under this decree, CYBERPOL has a wide range of powers, including the ability to coordinate with international organizations and national law enforcement agencies to combat cybercrime and enforce intellectual property laws.

One of the core legal instruments at CYBERPOL’s disposal is the Budapest Convention on Cybercrime, also known as the Council of Europe Convention on Cybercrime. Adopted in 2001, the Budapest Convention is the first international treaty aimed at addressing the challenges posed by the Internet and digital communication technologies. It establishes a framework for cooperation among signatory countries to combat cybercrime, including provisions related to intellectual property rights, fraud, and the misuse of information technologies. As an international law enforcement body, CYBERPOL is empowered by the Convention to investigate and address online intellectual property infringements that may cross borders.

The Budapest Convention has become a cornerstone of CYBERPOL’s activities in combating cybercrime and related offenses. It not only requires states to adopt legislation criminalizing the illegal use of intellectual property in cyberspace but also facilitates international cooperation to enforce these laws. In this case, CYBERPOL’s invocation of the Convention in its notice to Instagram is a reflection of its broader legal mandate to uphold intellectual property rights across borders.

In addition to the Budapest Convention, the European Union’s E-Commerce Directive (Directive 2000/31/EC) provides a key legal framework for online platforms and their responsibilities regarding illegal content. Under EU law, platforms like Instagram are regarded as “intermediary service providers” and are obligated to take down content that infringes intellectual property rights once they are made aware of it. The directive establishes a “notice and takedown” mechanism, under which service providers must act promptly to remove infringing material after receiving a valid notification.

This obligation is further reinforced by the EU Digital Services Act (DSA), which came into force in 2024. The DSA mandates that digital platforms, including social media networks, must adhere to strict content moderation rules and ensure that they are not facilitating illegal activities, such as the infringement of trademarks. Under the DSA, platforms are held accountable for content hosted on their services, with penalties for failing to take swift action on unlawful material.

By invoking both the Budapest Convention and EU legislation, CYBERPOL is not only asserting its legal rights but also reminding Instagram of its obligations under international law and EU regulations. The formal notice sent by CYBERPOL to Instagram cites the relevant sections of these laws, emphasizing the platform’s responsibility to act on trademark violations and its potential liability if it fails to do so.

The Legal Basis for CYBERPOL’s Actions: Royal Decree WL22/16.595

Royal Decree WL22/16.595 is a crucial piece of legislation that grants CYBERPOL its authority to intervene in matters of cybercrime, including intellectual property violations. This decree specifically authorizes CYBERPOL to issue orders to online platforms and other digital entities involved in hosting infringing content. The decree gives the organization the power to take enforcement actions against entities that fail to comply with international legal standards for intellectual property protection.

Under the Royal Decree, CYBERPOL has the legal mandate to issue “cease and desist” orders to individuals and entities found to be infringing upon trademarks, copyrights, and other intellectual property rights. In this case, CYBERPOL’s formal notice to Instagram is based on its belief that the platform is hosting content that unlawfully uses the CYBERPOL trademark. By invoking the Royal Decree, CYBERPOL is making it clear that it is prepared to take legal action if Instagram does not remove the infringing material in the next three days.

The authority granted to CYBERPOL under this decree also allows the organization to coordinate with national authorities and take judicial measures if necessary. In the event that Instagram does not comply with the notice, CYBERPOL could seek a judicial order for the takedown of the infringing content, both under the laws of the jurisdiction where Instagram is headquartered and under the broader framework of international law.

ICANN’s Role and Obligations in Trademark Enforcement

One of the key elements in the domain of intellectual property law in the digital space is the role of the Internet Corporation for Assigned Names and Numbers (ICANN), the nonprofit organization responsible for coordinating the global domain name system (DNS) and overseeing domain registration. As part of its responsibilities, ICANN is tasked with ensuring that domain names and related services are not used to infringe upon the intellectual property rights of others.

While ICANN primarily oversees domain names and the allocation of IP addresses, it also plays a role in facilitating the enforcement of trademark rights within the domain name system. This includes the Uniform Domain Name Dispute Resolution Policy (UDRP), which allows trademark holders to file complaints against domain names that infringe on their trademarks. However, in cases where the infringement involves content hosted on social media platforms like Instagram, ICANN’s role is less direct.

Despite its limited jurisdiction over social media platforms, ICANN remains an important player in the broader ecosystem of intellectual property enforcement. Under the principles of international law, including the Budapest Convention and the EU’s e-Commerce Directive, ICANN has an obligation to cooperate with organizations like CYBERPOL in the enforcement of intellectual property rights. While ICANN’s role is generally confined to domain name disputes, the organization’s responsibility to uphold the principles of intellectual property law may extend to other actions, including supporting efforts to resolve trademark disputes through judicial and regulatory means.

In the context of CYBERPOL’s notice to Instagram, ICANN’s cooperation may be necessary if the dispute extends into the realm of domain names or online services that infringe upon the organization’s trademarks. Should Instagram fail to act, CYBERPOL could explore avenues for working with ICANN to ensure compliance, utilizing the broader legal framework that governs trademark enforcement in the digital space.

What’s Next: The Legal and Operational Consequences for Instagram

As of now, Instagram has three days to respond to CYBERPOL’s formal notice and remove any content infringing upon the organization’s trademarks. If Instagram fails to comply within this timeframe, CYBERPOL has made it clear that it will take further action. This may include working with law enforcement agencies or using its authority under the Budapest Convention and the Royal Decree to ensure compliance.

The consequences for Instagram could be severe, with potential judicial orders leading to the removal of infringing content and the imposition of penalties under EU law. If Instagram does not act, CYBERPOL is prepared to escalate the matter, including pursuing a takedown through judicial enforcement, with the possibility of expanding the scope of the dispute to other platforms or services that continue to host infringing content.

A New Era of Cyber Trademark Enforcement

CYBERPOL’s formal notice to Instagram marks a pivotal moment in the enforcement of intellectual property rights in the digital era. As online platforms like Instagram continue to grow in influence, the need for robust legal frameworks to protect intellectual property becomes more urgent. CYBERPOL’s decisive action demonstrates its commitment to upholding trademark rights and ensuring that international laws are respected in cyberspace.

With the power granted to it under the Budapest Convention, EU laws, and the Royal Decree WL22/16.595, CYBERPOL stands ready to ensure that its trademarks are protected, regardless of where the infringement occurs. The next few days will be crucial in determining whether Instagram will take swift action to resolve this dispute or whether CYBERPOL will be forced to take further legal steps to defend its intellectual property.

As digital rights and intellectual property laws continue to evolve, CYBERPOL’s actions may set a precedent for other organizations seeking to protect their trademarks and enforce their rights in the face of online infringements.