Suddenly received an infringing email? You must know these self-help methods!

On Amazon, a world-renowned e-commerce platform, intellectual property infringement is a serious issue that requires great attention. It is crucial for sellers to understand Amazon's penalties for intellectual property infringement , which not only affects the normal operation of the current business, but also affects the long-term business development.

Amazon store content about performance

We can see that these are generally the contents that affect the performance of Amazon stores, including the first three regarding infringement: suspected infringement of intellectual property rights, intellectual property complaints, and buyer complaints about product authenticity.

There are two types of intellectual property: copyright and industrial property.

The picture below is a very typical example. Mario is an IP owned by Nintendo. This IP is deeply loved by the majority of game players, so displaying such a pattern will also increase the sales of the product exponentially. However, it also leads to a more serious problem. Without Nintendo's authorization, it will constitute infringement. Ultimately, this product was banned by the Amazon platform.

How to self-check after receiving an infringement notice

Sellers should check their account status page daily, especially to pay attention to possible intellectual property infringement and related complaints. After clicking View Violations, the reason for the violation will be displayed next to the violating ASIN. Then, check the email in your mailbox to learn more about the appeal requirements or how to activate the ASIN.

When you receive a violation warning, carefully check the marked violation reason and type so that you can conduct an in-depth infringement investigation later. Generally speaking, the infringement reasons mainly include two aspects: infringement of the product itself and infringement of the product details page.

How to file a complaint after the self-examination

Intellectual property infringement complaints are usually divided into ASIN-level complaints and account-level complaints. You need to first determine the type of intellectual property rights that are suspected of being infringed, and then take the corresponding complaint method based on the type of violation.

There are two main types of violations at the ASIN level: suspected intellectual property infringement and intellectual property complaints.

If you admit to violating the rules, how do you appeal?

If it is determined that there is suspected trademark abuse, you need to click on the page and delete all infringing content related to ASIN.

If it is other types of intellectual property infringement violations, you need to file a corresponding appeal based on whether the ASIN has been removed from Amazon's inventory.

①ASIN has been removed:

You need to click the "Submit Appeal" button on the right side of the appeal page, then choose to acknowledge the violation and check the corresponding options to ensure that subsequent sales of goods comply with Amazon's relevant regulations and no longer infringe on any other intellectual property rights.

②ASIN has not been removed:

First, make corrections to the ASIN to ensure that there is no content that may infringe intellectual property rights on the product details page of the ASIN. Then, click the "Submit Appeal" button on the right side of the appeal page to submit it. After that, the Amazon review team will review it to confirm whether there is still any infringing content.

How to appeal if you do not admit the violation?

If you have objections to the judgment of suspected intellectual property infringement, it is recommended to first conduct an in-depth inspection of the affected ASIN. This step is very important because only through careful review can you determine whether you have the relevant intellectual property authorization or whether you actually hold the intellectual property. If it is confirmed after verification that you do hold the relevant intellectual property, you can conduct a review in the following manner;

① Regarding suspected abuse of trademark

Click the "Submit Appeal" button on the right side of the appeal page, then select "Contact Us" on the page and submit relevant evidence to prove that you have the right to use the trademark.

② For other suspected intellectual property infringement violations

Click the "Submit Appeal" button on the right side of the appeal page, and then click the "Your product was mistakenly suspended" option on the page to submit more relevant information to prove the intellectual property rights.

How to prevent infringement on Amazon

Before starting business, sellers should fully understand the laws and regulations related to intellectual property rights, especially the provisions of the Patent Law. They should be aware of what actions may constitute patent infringement and the serious consequences that infringement may bring. They should enhance their awareness of respecting and protecting intellectual property rights and ensure that this awareness runs through every link of product selection, procurement, listing and sales.

When selecting products for sale, a comprehensive patent search must be conducted. With the help of professional patent search tools and databases, verify whether the selected product has been patented by others. If there is a patent risk, the seller should avoid selling the product or obtain authorization through legal channels.

Sellers are encouraged to conduct independent innovation, develop unique and creative products, and apply for patent protection for their innovative achievements in a timely manner. This can not only ensure that their intellectual property rights are not infringed and prevent others from copying, but also occupy a favorable position in market competition.

Strictly review the supplier's qualifications and product sources to ensure that the purchased goods do not involve the risk of infringing on other people's intellectual property rights. Require suppliers to provide relevant intellectual property certification materials and clearly specify intellectual property liability clauses in the contract to ensure that their legitimate rights and interests are protected.

Regularly track competitors’ products and operations to promptly identify possible patent infringement issues or potential risks. If competitors are found to have infringed, sellers can report it to Amazon. At the same time, learn from other people’s cases to further improve their own preventive measures.

Sellers need to be meticulous and well prepared to deal with intellectual property infringement . Whether it is pre-emptive prevention or post-infringement complaints, they must follow Amazon's policies and regulations. At the same time, they must remain highly vigilant and adopt effective strategies to safeguard their own business interests. Creating differentiated product sales and a unique corporate culture is the key to gaining a firm foothold in the fierce market competition.