What is Amazon's Intellectual Property Policy? Review of Amazon's Intellectual Property Policy

There are three common infringement methods on the Amazon platform:

1. Patent infringement. Patents include three types: design patents, utility patents, and invention patents.

2. Copyright infringement Copyright infringement generally involves copyright infringement of some classic images (these are usually detected by robots) and theft of other people's pictures

3. Trademark infringement Trademark is mainly the mark of goods or services.

Amazon's Infringement Emails

1. If you receive a warning about a product that you have never sold on Amazon, please reply to the notification you received and let us know that you have never sold the reported product. We will investigate to determine if an error has occurred.

2. If you have an established relationship with the rights owner who submitted the complaint (license, manufacturing or distribution agreement, etc.), we recommend that you contact the rights owner and request a withdrawal of the complaint. If we receive a withdrawal from the rights owner, your content may be reinstated. The contact information for the rights owner is provided in the warning you received.

3.

(1) Trademark Response: If you believe that the rights owner or Amazon made an error in removing a product listing for counterfeiting or trademark infringement, please respond to the notification you received and provide specific reasons why you believe the error occurred. Provide any invoices or order IDs that prove the authenticity of the product. We will then re-evaluate the notification and your content may be reinstated.

(2) Patent Response: If you believe that the rights owner or Amazon made an error in removing your patent-infringing product listing, please respond to the notice you received and provide specific reasons why you believe the error occurred.

(3) Copyright Response: If you receive a copyright infringement alert and you believe it has been made in error, you may file a counter-notification pursuant to the Digital Millennium Copyright Act. Send the counter-notification to the email address provided in the copyright alert. An effective counter-notification requires the following information:

A. Your physical or electronic signature. You may sign electronically by typing your name and indicating that it is a signature: "/s/Seller's Name."

B. Identification of the material that has been removed or to which access has been disabled and the specific location at which the material appeared before it was removed or access was disabled. The ASIN is usually sufficient.

C. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

D. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your Seller address is located; or, if you are located outside of the United States, within the jurisdiction of the United States District Court for the Western District of Washington, and that you will accept notification of alleged copyright infringement by the person who provided it or his agent.

Processing

1. Provide invoice to prove the authenticity of your product

2. Provide order ID to prove product authenticity

3. A letter of authorization from the rights owner (not a forwarded email).

How to write a POA

1. Reasons for selling suspected infringing products and/or uploading suspected infringing content.

2. The measures taken to ensure that you no longer infringe.

3. How to avoid future infringements.

4. Any other relevant information.

How to determine infringement

1. Use product keywords to search for patents on Google;

2. Google image search and identification;

3. Find the product you need to develop, and identify whether the product has a patent based on the supplier's price and minimum order quantity. Generally, if the price is high and the minimum order quantity is large, it is likely that the product has a patent;

4. Determine whether a product has a patent from the perspective of market capacity and customers. The fewer people who follow or sell the product, the more likely the seller has a patent.

How to prevent it

1. Ensure the legitimacy of the supply channels. When selecting products, it is necessary to prevent possible product infringement issues from the supply chain.

Understand the production capacity and qualifications of the manufacturer/supplier to avoid imitations and fakes. If you find that a product has a trademark of another company, it is best to check it on the trademark website first. Once you find that the trademark is valid, but the trademark owner is not your supplier and the supplier cannot provide you with a letter of authorization, it is recommended not to sell the product.

2. When a seller acts as an agent and sells a brand’s products on Amazon, he or she needs to obtain formal authorization for the brand’s trademark before posting the listing.

It should be noted that only trademark holders are eligible to conduct brand authorization. Some agents are not qualified to authorize other sellers who open stores on Amazon. Only after obtaining formal authorization from trademark holders can sellers have the legal right to use trademarks.

3. When posting a listing, it is recommended to use original pictures and text descriptions. The title of the listing and the keywords in the search terms cannot contain other people’s brand names.

4. When setting the store name, you need to pay attention to whether the store name involves trademarks registered by others. You cannot copy other well-known brand names, nor can you use brand names that are easy to mislead buyers.